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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  • 3. File the Documents:

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Bernadette from Wahiawa, HI
Aug 19, 2014
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"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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