Hawaii Divorce Laws
(easy reference for the "do it yourself divorce")
The state of Hawaii has unique divorce laws for people who wish to terminate their
marriage.
We are providing this online divorce information to you as an easy divorce reference
guide to help you while you are doing your own divorce. This information (and much
more) is available inside your personal 3StepDivorce account area in order to help
you understand how Hawaii addresses the most important issues in the divorce process
and certain elements throughout your divorce forms.
RESIDENCY REQUIREMENTS AND WHERE TO FILE: The spouse filing for divorce must
have been present in Hawaii for 3 months. However, a final divorce will not be granted
unless 1 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].
LEGAL GROUNDS FOR DIVORCE: No-Fault: (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].
NAME OF COURT IN WHICH TO FILE FOR DIVORCE: Family Court. [Hawaii Revised
Statutes, Title 580, Section 1].
TITLE OF DIVORCE ACTION: Complaint for Divorce.
NAME USED TO DESCRIBE SPOUSE FILING FOR DIVORCE: Plaintiff.
NAME USED TO DESCRIBE OTHER SPOUSE IN DIVORCE: Defendant.
TITLE OF FINAL DIVORCE PAPERS: Decree of Divorce.
LEGAL SEPARATION: The spouse filing for separation must have been a resident
for 3 months. Temporary legal separation may be granted for up to 2 years on the
grounds that the marriage is temporarily disrupted. [Hawaii Revised Statutes; Title
580, Sections 1 and 71].
SIMPLIFIED OR SPECIAL DIVORCE PROCEDURES: The "irretrievable breakdown of
the marriage" may be shown by both spouses stating so in an affidavit or by 1 spouse
stating so in an affidavit and the other spouse not denying it. The court, in such
cases, may waive a hearing in uncontested divorces and grant the divorce based on
the affidavit. [Hawaii Revised Statutes; Title 580, Section 42].
MEDIATION OR COUNSELING REQUIREMENTS: If 1 of the spouses denies that there
has been an irretrievable breakdown of the marriage, the court may delay the proceedings
for 60 days and advise the spouses to seek counseling. [Hawaii Revised Statutes;
Title 580, Chapter 42].
PROPERTY DISTRIBUTION: Hawaii is an "equitable distribution" state. The court
will distribute all of the spouse's property, including the community, joint, and
separate property, in a just and equitable manner, based on the following factors:
(1) the burdens imposed upon either spouse for the benefit of the children; (2)
the position each spouse will be left in after the divorce; (3) the relative abilities
of the spouses; (4) the respective merits of the spouses; and (5) all other circumstances.
[Hawaii Revised Statutes; Title 580, Chapter 47].
ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: The court may award either spouse maintenance,
for either an indefinite period or a specific period to allow the receiving spouse
to become self-supporting. Marital misconduct is not a factor to be considered.
The factors to be considered are: (1) the standard of living established during
the marriage; (2) the duration of the marriage; (3) the ability of the spouse from
whom support is sought to meet his or her needs while meeting those of the spouse
seeking support; (4) the ability of the spouse seeking maintenance to meet his or
her needs independently; (5) the comparative financial resources of the spouses;
(6) the needs of each spouse; (7) the age of the spouses; (8) the physical and emotional
conditions of the spouses; (9) the usual occupation of the spouses during the marriage;
(10) the vocational skills and employability of the spouse seeking support and maintenance;
(11) the probable duration of the need of the spouse seeking support and maintenance;
(12) any custodial and child support responsibilities; (13) the ability of the spouse
from whom support is sought to meet his or her own needs while meeting the needs
of the party seeking support; (14) other factors which measure the financial condition
in which the spouses will be left as a result of the divorce; and (15) any other
factor which measures the financial condition in which the spouses will be left
in as a result of any award of maintenance. [Hawaii Revised Statutes; Title 580,
Chapter 47].
SPOUSE'S NAME: If requested, the wife may resume the use of her maiden name.
[Hawaii Revised Statutes; Title 574, Chapter 5(a)2(B)].
CHILD CUSTODY: Joint or sole child custody may be awarded to either or both
of the parents or another person based on the best interests of the child and upon
the wishes of the child, if the child is of sufficient age and capacity to form
an intelligent choice. Joint custody will be allowed if it can be arranged to assure
the child of continuing contact with both parents. The court may order a child custody
investigation and report. Grandparents may be awarded visitation. Family violence
committed by a parent raises the presumption that it is not in the best interests
of the child for that parent to have any custody. There are no other specific factors
for consideration set out in the statute. [Hawaii Revised Statutes; Title 571, Chapter
46].
CHILD SUPPORT: The court may order either or both parents to provide child
support in a just and equitable manner. Factors to be considered are: (1) all earnings,
income, and resources of the parents; (2) the earning potential, reasonable necessities,
and borrowing capacity of the parents; (3) the needs of the child; (4) the full
amount of public aid the child would receive without any child support; (5) any
other dependents of the parents; (6) incentives for both parents to work; (7) an
attempt to balance the standard of living of the parents and avoid placing any parent
below poverty level; (8) to avoid any extreme changes in either parent's income;
and (9) if a parent with school-age children is able to work and does not, 30 hours
of minimum wage income will be added to that parent's presumed income. There are
official Child Support Guidelines set out in the statute. [Hawaii Revised Statutes;
Title 576D, Chapter 7 and Title 580, Chapter 47].