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Hawaii Divorce Residency Requirements

In order to file your Complaint for Divorce in Hawaii, you must make sure the Family Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Hawaii residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:

No absolute divorce from the bond of matrimony shall be granted for any cause unless either party to the marriage has been domiciled or has been physically present in the State for a continuous period of at least six months prior to filing for the divorce.

A person who may be residing on any military or federal base, installation, or reservation within the State or who may be present in the State under military orders shall not thereby be prohibited the above mentioned requirements.

The divorce should be filed in the judicial district the plaintiff resides or the judicial district the spouses last lived together as a married couple. (Hawaii Statutes - Title 580 - Chapters: 1)

Since divorce is governed by state law, it is required that you meet specific residency requirements in order to file for a divorce in the state of Hawaii. It is most common that people file for a divorce in the county in which they live. You can also read more about the Hawaii residency requirements in the Hawaii state statutes located at: http://www.capitol.hawaii.gov/. If you are unsure of whether or not you meet the Hawaii residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.