Couples seeking legal separation in Hawaii must understand the process and requirements involved. Legal separation offers a way for spouses to separate while remaining legally married. This option is ideal for couples who are not ready for divorce but need some time apart to work on their issues. Here’s a step-by-step guide on how to file for legal separation in Hawaii.
Understand the Legal Separation Process
Before filing for legal separation, it is essential to understand what it entails. Legal separation provides couples with an opportunity to divide their assets, finances, and duties before they decide whether to proceed with a divorce. The process in Hawaii is similar to divorce. However, the couple remains legally married and cannot remarry. Like divorce, legal separation requires that the couple settle their property division, spousal support, and custody matters.
Meet Residency Requirements
To file for legal separation in Hawaii, at least one spouse must have lived in the state for at least six months before filing the petition. The spouse who files the separation petition must also serve the other spouse with copies of all documents. This process may be accomplished by personal service or by certified mail.
Discuss Division of Property
Legal separation requires the division of property between the spouses. This division involves the distribution of assets, debts, and financial obligations. It is advisable to come to an agreement before filing for separation. Couples should work with their legal or financial advisers to determine an equitable solution.
Discuss Custody and Support
Legal separation also involves the determination of custody and support if the couple has children. The court considers the best interests of the child when determining custody. Factors such as the child’s age, schooling, and relationship with each parent are considered. The court may also award child support to the parent who has primary physical custody.
Filing the Legal Separation Petition
To file for legal separation in Hawaii, a spouse must complete a petition for separation. This form requires information such as the spouse’s full names, Social Security numbers, and date of marriage, among other details. The petition must also include a statement indicating why the couple wants a legal separation.
Serving the Petition to the Other Spouse
After completing the petition, the spouse who files must serve the other spouse with a copy of the document. This can be accomplished through personal service or certified mail. The spouse who receives the notification has 20 days to file a response. Failure to respond within the given timeline will result in the court ruling in favor of the spouse who filed the petition.
Attending Court Hearings
Once both parties have filed the necessary documentation, the court will schedule a hearing date. During the court hearing, the couple presents their evidence, and the judge determines whether to grant the legal separation. If the judge approves the petition, the couple is granted a legal separation order.
Conclusion
Legal separation provides an option for couples who are not yet ready for divorce but want to live apart. The process of filing for legal separation in Hawaii typically follows strict procedures and may require an attorney’s guidance. Couples should understand the requirements before filing the petition and work together to develop a plan for dividing property, custody, and support. By working through the steps outlined above, couples can obtain a legal separation in Hawaii.