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Courts in Hawaii divide assets ing to equitable distribution. This means that marital assets are divided fairly and equitably, but not always on a 50/50 basis. The court must consider several factors before approving how assets are divided. Marital debts are also treated in a similar fashion.
It usually takes six to ten weeks after an Uncontested Divorce by Affidavit packet is submitted for judge's review, for the divorce to be final. The divorce is effective after the Divorce Decree has been approved and signed by the judge and the Divorce Decree has been filed-stamped by the court.
Hawaii is a no fault divorce state, which means that it's enough to say the marriage is irretrievably broken. No personal matters about the marriage problems need to be stated in the divorce papers unless you need a court hearing on those issues.
Hawaii is an equitable division state, which means that most assets and debts acquired during the marriage are subject to division between the spouses, regardless of which spouse acquired it or whose name is on it. Exceptions include gift inheritances received during the marriage.
In Hawaii, alimony is not guaranteed as a part of a divorce settlement. The determining factors are very subjective and each case is different.
How Long Do You Have to Be Separated Before Divorce in Hawaii? Hawaii law has a no-fault perspective on divorce. Both parties must be living and separated legally, with a marriage terminated for two years.
It usually takes six to ten weeks after an Uncontested Divorce by Affidavit packet is submitted for judge's review, for the divorce to be final. The divorce is effective after the Divorce Decree has been approved and signed by the judge and the Divorce Decree has been filed-stamped by the court.
In Hawaii, inheritance and gifts are considered separate assets, even if they are acquired during marriage. When a divorce takes place, they are not subject to a division of assets, unless they were commingled with marital assets or bank accounts during the course of the marriage.