Divorce

The Law Office of Sara R. Harvey practices family law in Honolulu and throughout Hawaii, including providing professional assistance in uncontested divorce cases and strong, effective advocacy in contested divorces.

Hawaii Divorce Law

Hawaii is a no-fault divorce state, so neither party has to prove fault or blame the other party as grounds for dissolving the marriage. A no-fault divorce can be granted on the basis that the marriage is irretrievably broken, or if the spouses have lived apart from one another for more than one year, and there is no likelihood of a reconciliation. In order for the court to have jurisdiction, at least one spouse must have lived in Hawaii for at least six months before filing for divorce, including being physically present or domiciled for three months in the judicial circuit where the petition is filed.

A divorce in Hawaii may be either contested or uncontested. An uncontested divorce means that the parties agree on how all the issues in the divorce should be handled, including child support, child custody, and the property division. In an uncontested divorce, the parties and their attorneys draw up the necessary papers and submit the documents to the court for approval. There are many documents which must be prepared and filed, such as a complaint, a summons, the matrimonial action information, income and expense statements, asset and debt statements, the divorce decree, and others. If you have children, there are additional documents to prepare and submit, and you will also need to attend the Kids First II program.

The Hawaii State Judiciary strongly recommends that you have an attorney assist you in an uncontested divorce to make sure everything is done correctly the first time. If you do not complete all the paperwork correctly, you may be required to appear before the judge in court to provide the information, but if an attorney prepares and files the papers for you, you probably won't have to appear in court at all in order to get a divorce.

Hawaii Contested Divorce Lawyer

If the parties disagree on even one issue, then the divorce is considered to be a contested divorce, and any contested matters will have to be decided by the family law judge following a hearing in court. The judge will base his or her decision on the evidence submitted and the arguments presented by the parties' attorneys, so it is crucial in a contested divorce to be well-represented by an experienced divorce lawyer. Family law attorney Sara Harvey has over 25 years of experience in Hawaii family law, including uncontested and contested divorces, and provides effective advocacy in negotiations, mediation, and courtroom litigation. Contact the Law Office of Sara R. Harvey in Honolulu for assistance with your contested or uncontested Hawaii divorce.