When can I get a divorce?

In Hawaii, the legal process of the dissolution of a marriage is known as divorce. To obtain a divorce, one or both of the parties must have lived in Hawaii for at least 6 months before starting the divorce action. This time period may be shortened if both parties agree to the shorter timeline. In Hawaii, either spouse can file for a divorce based on “irreconcilable differences” or “incompatibility”, which means that the marriage has broken down and cannot be reasonably fixed. Additionally, either spouse may file for a divorce due to any of the following reasons: adultery, extreme mental or physical cruelty, abandonment, imprisonment for more than one year, mental illness, or if the spouses have been living apart for at least two years. Once the divorce action is commenced, both parties must wait at least 90 days before the court will consider entering an order of dissolution. This waiting period allows the couple a chance to reconsider and possibly reconcile. During this 90-day period, the spouses may choose to have the divorce proceedings dismissed. If the courts grant the divorce, then the court may also grant temporary orders of child support, spousal support, and the care of the children while the case is pending. After the divorce is finalized, the court may also enter an order of permanent child support and spousal support if applicable.

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