Hawaii Divorce Law

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Hawaii Divorce Guidelines

Hawaii's Residency Requirements

The petitioner must have been a Hawaii resident for 3 months or more before filing for divorce.

For the divorce to be finalized, either spouse must be a Hawaii resident for 6 months or more.

 

Hawaii's Grounds for Divorce

Hawaii residents may file for divorce under only no-fault grounds.

Hawaii's no-fault grounds is:

  • irretrievable breakdown of the marriage
  • living separate and apart without cohabitation for two years
  • legal separation without reconciliation
 

Hawaii's Child Custody Guidelines

Divorcing parents are allowed to collaborate on a child custody arrangement. If the parents cannot reach a decision, a Hawaii court will make a ruling.

Hawaii courts consider factors such as:

  • the wishes of the child, if of sufficient age and mental capacity
  • each parent's suitability as a custodian
  • any evidence or history of abuse
 

Hawaii's Child Support Guidelines

If the parents cannot agree on the amount of child support and the paying parent, child support will be decided by state-specific calculations and guidelines.

Hawaii courts consider factors such as:

  • the standard of living experienced by each parent
  • each parent's earning capacity, income, and financial resources
  • the needs of the child
  • full amount of public aid available to child without child support
 

Hawaii's Spousal Support Guidelines

Spousal support can be paid in one lump sum, in installments, or periodically. The spouses may determine the spousal support amount and payment schedule, or the courts may award spousal support.

Hawaii courts will consider factors such as:

  • each spouse's employability, financial resources, and marketable skills
  • the standard of living experienced during the marriage
  • duration of the marriage
 

Hawaii's Property Division Guidelines

Hawaii has adopted equitable distribution guidelines, which means all property (including gifts and inheritances) will be divided as fairly and equally as possible. Spouses may collaborate on the property distribution, but if they are unable to agree the courts will make a ruling.

Hawaii courts will consider factors such as:

  • custodial arrangements
  • each spouse's circumstances after the divorce
  • each spouse's abilities
 

Hawaii's Venue Guidelines

The petitioner may file the divorce forms in their Hawaii county of residence, or in the last Hawaii county the spouses last resided together.

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  • My Divorce Steps

  • 1. Create an account:

    Simply register online, pay the small fee, gather your papers and ready to get a divorce.

  • 2. Answer the Questions:

    Answer each of the questions we will ask you and the forms will be completed for you.

  • 3. File the Documents:

    Print our state approved completed forms, and file the divorce forms in the court.

"Wow this is such a great divorce site.Thanks for making the first step so much easier."

Tina from Honolulu, HI
Jun 14, 2012
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Bernadette from Wahiawa, HI
Aug 19, 2014
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We offer more than a divorce preparation service:

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Dedicated Case Manager:  Upon registration, you will have direct access via email and phone to your dedicated account manager who will help you through each and every step of the online process.

Free Name Change for Wives:  Our service offers the ability to change your name at no extra cost.

Free Last Will & Testament: As part of an effort to help you start over, you will receive everything you need to create a new Last Will & Testament.

Free Living Trust: Now that you are starting your life over, we think it is important to create a family trust to protect your assets.  We offer all you need to create a trust for your family.

FREE Help on "Life After Divorce:"  We have a library of guides and ebooks on starting your life over.  Everything from help to avoid unhealthy relationship to how to talk to you kids about divorce.

Unlimited Customer Support: Rest assured that there is always someone to talk to Monday-Friday between 7am and 4pm PST by calling 1-800-858-9891.

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