If you are a Hawaii resident contemplating a divorce, you may find yourself wondering if it’s possible to obtain a divorce when your spouse resides in another country. Here’s some good news – yes, you can still file for divorce in Hawaii even if your spouse lives abroad. However, it’s important to note that the process may be slightly more complex compared to a typical divorce case. In this article, we will delve into the steps you need to take in order to get a divorce in Hawaii when your spouse is in another country.
Determining Jurisdiction
The first crucial step in pursuing a divorce in Hawaii when your spouse is in another country is to determine jurisdiction. Jurisdiction pertains to the court’s authority to hear and decide on your case. Typically, jurisdiction in divorce cases is established based on where either you or your spouse currently resides.
In the state of Hawaii, you have the option to file for divorce in the Family Court located within the circuit where either you or your spouse resides. So, even if you are a Hawaii resident and your spouse is living outside the country, you can still proceed with filing for divorce in Hawaii as long as you meet the state’s residency requirements. These requirements dictate that at least one spouse must have been a resident of Hawaii for a minimum of six months prior to filing for divorce.
Legal Service Requirements
After establishing jurisdiction, the next important step is to serve your spouse with the divorce papers. Legal service is the formal process of delivering the official legal documents to the other party involved in a lawsuit. In divorce cases, service ensures that your spouse receives proper notice of the divorce proceeding and is granted an opportunity to respond.
Serving your spouse who is located outside the United States can pose additional complexity. According to Hawaii law, if the other party is residing in another country, the legal service may be achieved through methods authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. The Hague Convention, which is an international treaty ratified by various countries, governs the procedures for international service of civil and commercial documents.
Conclusion
To summarize, as a Hawaii resident seeking a divorce with your spouse residing in another country, it is indeed possible to file for divorce in Hawaii. However, it is crucial to meet the residency requirements set by the state and adhere to the legal service requirements mentioned above. It’s important to note that the process may have additional complexities, especially if you and your spouse have shared property or children. Given these complexities, it is highly advisable to seek the assistance of an experienced family law attorney who can provide guidance and support throughout the process.