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annulment qualifications in hawaii

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slg4

Junior Member
What is the name of your state? Hawaii
I was married in Honolulu, Hawaii on Nov. 16. Since then my new husband has confessed to be a totally different person than what he has led me to believe for the last 20 months. Can anyone advise me of the grounds for annulment and timelines associated for Hawaii?
 


rmet4nzkx

Senior Member
It appears you would require a divorce, not knowing youe spouse very well isn't grounds for annulment.

Requirements for the State of Hawaii:

You must meet the following residency requirements to file for divorce;

The spouse filing for divorce must have been present in Hawaii for 3 months. However, a final divorce will not be granted unless one spouse has been a resident for 6 months. The divorce should be filed in either: 1) the judicial district where the plaintiff resides; or 2) the judicial district where the spouses last lived together. [Hawaii Revised Statutes; Title 580, Chapter 1]

The following are legal grounds for no-fault divorce in Hawaii: 1) Irretrievable breakdown of the marriage; and 2) living separate and apart without cohabitation for 2 years and it would not be harsh or oppressive to the defendant spouse to grant the divorce. [Hawaii Revised Statutes; Title 580, Chapter 41]

General: Legal separation and there has been no reconciliation. [Hawaii Revised Statutes; Title 580; Chapter 41]

Required Residency: 6 months

Where to file:
The judicial district in which the plaintiff resides.
The judicial districy in which both spouses lived together prior to separation.

Grounds for Absolute Divorce:
Bigamy ( grounds for annulment )
Fraud, Force or Duress ( grounds for annulment )

Grounds for "No-Fault" Divorce:
Irreconcilable Differences or Irretrievable Breakdown
Judicial Separation or Maintenance
Living Separate and Apart

Time before ex-spouses may remarry: Plaintiff ( none ) Defendant ( none )

Mediation offered or recommended in certain situations: ( no )

Counseling offered or recommended under specific circumstances: ( yes )

The Distribution of Property:

Hawaii is an "equitable distribution" state. The Judge has the full discretion to divide the real estate, personal property, and separate property fairly.

Spousal Support:

Support can be awarded to either spouse for a specific amount of time, or until spouse is capable of supporting his or herself. Past Marital actions are not taken into consideration. Employment possibilities of the custodian tend to cause the greatest influence on the decision. Living conditions similar to those when marriage existed are attempted to be restored.
 

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