Divorce

What is the process for obtaining a divorce?

Every state has its own laws for obtaining a divorce, or dissolution of marriage as it is called in some states. In Hawaii, a petition for dissolution of marriage may be filed by either spouse who has met the required residency period in the state, and a particular island.  A divorce may be granted when the marriage is "irretrievably broken" or if the parties have lived apart for a specified time (usually two years) and show no signs of reconciling.  If uncontested, a divorce may be granted on the basis of affidavits without the need for a hearing.  

At first, the legal process may seem complicated and confusing, but usually follows a rational and reasoned course. All issues to be decided, if taken individually, are typically resolved by taking the time to give each some careful consideration, investigation, and objectivity.

The normal issues to be decided in a divorce are how property is divided, how debts are divided, and, between parties with children, how legal and physical custody will be arranged and setting a visitation schedule. Other issues that may arise when children are involved are child support, and medical and childcare expenses. In longer-term marriages, the issue of spousal support may be addressed, and the terms of any prenuptial agreement will be analyzed. Those able to maintain objectivity and detachment while sorting through these issues often find the divorce process can actually help them move on in their lives without the battle scars some receive during their divorce process.

The first step, in any divorce, is that one spouse or both spouses make a decision to initiate a termination of their marriage. Arriving at this decision is different for each individual. While generally not considered part of the legal process per se, how this decision is made may have significant legal consequences. Persons making this decision should consult first with a trusted attorney, a marriage counselor, a financial consultant, and/or any other trusted third party, before taking this step.

Let us help you chart your course. Christopher D. Thomas is an experienced attorney handling family law issues, like divorce, in all of Hawaii. Call our offices at (808) 261-7710 or contact us via email today to schedule an appointment with an experienced, caring, dedicated and knowledgeable attorney.