Hawaii Divorce Information
The following information is to provide a basic understanding of the various aspects of divorce in the State of Hawaii.
You can get more specific information regarding Hawaii divorce laws using the links provided to Hawaii divorce laws or at your local library.
This information is provided for informational purposes only and does not constitute legal advice. Before taking any action you should seek the advice of an attorney familiar with the laws in the state in which you will be seeking a divorce.
Every effort has been made to assure that the information contained in these pages is accurate however, due to the ever changing nature of the law some material may be outdated or may no longer apply.
Directory Links and other Hawaii Divorce Information
|Residency Requirements ||6 months|
|Where to File ||The judicial district in which the plaintiff resides.|
The judicial district in which both spouses lived together prior to separation
|Grounds for Divorce ||Hawaii is a no fault divorce state, meaning there are no fault grounds for divorce under Hawaii law. |
The family court shall decree a divorce from the bond of matrimony upon the application of either party when the court finds:
- The marriage is irretrievably broken
- The parties have lived separate and apart under a decree of separation from bed and board entered by any court of competent jurisdiction, the term of separation has expired, and no reconciliation has been effected
- The parties have lived separate and apart for a period of two years or more under a decree of separate maintenance entered by any court of competent jurisdiction, and no reconciliation has been effected; or
- The parties have lived separate and apart for a continuous period of two years or more immediately preceding the application, there is no reasonable likelihood that cohabitation will be resumed, and the court is satisfied that, in the particular circumstances of the case, it would not be harsh and oppressive to the defendant or contrary to the public interest to a divorce on this ground on the complaint of the plaintiff.
|Voluntary or required mediation ||No|
|Voluntary or recommended Counseling||Yes, under specific circumstances|
|Property Distribution ||Hawaii is an "equitable distribution" state. When dividing and distributing the property and debts of the parties, Hawaii law lists the following guidelines that shall be taken into consideration by a Hawaii divorce court:
- The respective merits of the parties
- The relative abilities of the parties
- The condition in which each party will be left by the divorce, the burdens imposed upon either party for the benefit of the children of the parties; and
- All other circumstances of the case
|Child Custody ||Custody is awarded with the best interests of the child or children in mind. |
Uniform Child Custody Act: 1973
Is Joint Custody awarded? YES
Do Grandparents Have the Right to Visitation? YES
Are Child's Wishes Considered? YES
|Child Support ||In Hawaii, either parent may be ordered to provide child support. The factors the courts consider in determining the amount of child support or whether or not to modify an existing child support order are: |
The above guidelines will be used unless there are exceptional circumstances. However, the guidelines are generally considered to be in the best interest of both parties
- All earnings, income and resources of both parents after tax deductions and social security
- Earning potential, reasonable necessities and borrowing capacity of each parent
- The needs of the child for whom support is sought
- The amount of public assistance which would be paid for the child under the full standard of need as established by the public assistance department
- The existence of other dependents of the obligated parent
- Providing incentives for both parents to work
- Balancing the standard of living of both parents and child to avoid placing the child below the poverty level
- To avoid extreme and unfair changes in either parent's income depending on custody
- If parent purposely does not work, thirty (30) hours of weekly earnings at the minimum wage rate may be attributed to that parent's income
|Spousal Support ||In addition to any other relevant factors considered, the court, in ordering alimony, shall consider the following factors:
- Financial resources of the parties
- Ability of the party seeking alimony to meet his or her needs independently;
- Duration of the marriage
- Standard of living established during the marriage
- Age of the parties
- Physical and emotional condition of the parties
- Usual occupation of the parties during the marriage
- Vocational skills and employability of the party seeking support and maintenance
- Needs of the parties
- Custodial and child support responsibilities
- Ability of the party from whom support and maintenance is sought to meet his or her own needs while meeting the needs of the party seeking support and maintenance
- Other factors which measure the financial condition in which the parties will be left as the result of the action under which the determination of alimony is made
- Probable duration of the need of the party seeking support and maintenance
Hawaii Divorce Attorneys by County
Click on any HI county below to find a divorce attorney in your area.
Hawaii Divorce Mediators by County
Click on any HI county below to find a divorce mediator in your area.
This information has been compiled directly from the most recently available statutes online for each state. Every effort has been made to assure that this information is correct and complete. Be aware that laws frequently change. Do not take any action based on this information without first consulting an attorney to be certain that the laws pertaining to your particular situation have not changed.
The language used in most cases on this page is legal terminology taken directly from the statutes and laws of each state. The terminology is not always easy to understand. If you are not sure of something you should consult an attorney so that you can fully understand the meaning of the laws.
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