Hawaii State Divorce Law

The residency requirement for filing a Complaint for Divorce in Hawaii is 6 months, at which time they must file their complaint in the Family Court in their county of residence.

Hawaii Grounds for Divorce

Hawaii is a no-fault divorce state, so while there is no option for spouses to file for a no-fault divorce, there are several grounds to file a no-fault divorce:

• The marriage must be irretrievably broken
• Partners are living separate and apart under a decree of separation
• Partners have been living separate and apart for 2 years or more
• Partners have been living apart for at least 2 years prior to filing for divorce and there is no reasonable likelihood that the marriage will be restored.

Uncontested Divorce in Hawaii

When both parties in a divorce agree on all the elements that must be decided in the divorce, they can file for uncontested divorce. In addition, there is a method for a simplified divorce in Hawaii in which both parties may simply state by affidavit that there is an irretrievable breakdown of the marriage. Then neither party will be required to appear in court.

Contested Divorce in Hawaii

Contested divorces are more complex, because there are always issues that the parties cannot agree on. There are often counterclaims in opposition to those made in the original petition. The parties generally need to retain divorce attorneys to prove their clients’ claims to the court, where a judge will make the final ruling.

Annulment in Hawaii

Under Hawaii annulment laws, the petitioner must prove that a true marriage never existed in order for the court to issue a decree affirming that fact. Annulments are rare in Hawaii because the grounds for this procedure are difficult to prove:

• Incest
• Mental incapacitation, either permanent or temporary
• Underage marriage, for those 15 years old or younger without parental approval
• Fraud
• Duress
• Bigamy

No Fault Divorce in Hawaii

While Hawaii is not a no-fault divorce state, residents can file for a no-fault divorce. The grounds for such a petition are simple: that the marriage is irretrievably broken.

Hawaii Fault Divorce

The law does allow a Hawaii resident to file for a fault-based divorce. There are a number of conditions under which this type of petition maybe filed:

• Consanguinity, or marrying a close relative
• Mental incapacitation
• Impotence
• Force, duress, and fraud
• The wife’s pregnancy at the time of the marriage by a man other than her husband, which was unknown to her husband
• Wilful desertion, lasting for a period of 1 year or more
• Felony conviction and imprisonment for 2 years or more
• Habitual drunkenness
• Cruelty
• Incurable mental illness
• Habitual drug addiction

Hawaii Divorce and Child Custody

Child Custody Laws

Hawaii courts take a number of elements into consideration when determining the custody of a child of divorce, primarily the suitability of those parents, including any prior domestic abuse, the opportunity for ongoing contact with both parents, and the needs of the child.

For a child of 14 years old or older, the wishes of the child is the determining factor, unless the parent they select is unfit. Children between the age of 11 and 14 can express their wishes and the court will take them into consideration in their custody decision.

Child Alimony

Hawaii believes it is in the best interests of the child and the state for both parents to be liable for the support of their minor children, regardless of the gender of the parent or any fault in divorce. Other factors considered in child support orders include:

• The parents’ income and expenses
• The parents’ earning potential, reasonable necessities, and borrowing power
• The child’s needs
• Public aid the child would receive without child support
• The parents’ other dependents
• Parents’ incentives to work
• The balance between supporting the child and avoiding poverty level for the parents
• Avoiding any excessive change in the parents’ income
• Parents of school-age children can work but choose not to, 30 hours of minimum wage income is added to their presumed income

Hawaii follows the Percent of Income Model, which is the most basic method of calculating support using Child Support Worksheets.

Hawaii Divorce Spousal Support

When spouses are unable to come to an agreement about spousal support, or alimony, it is up to the court to order that support according to a number of factors, including the prohibition of either party receiving alimony if they are guilty of desertion or adultery

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court

Temporary Spousal Support

Determined at the discretion of the court

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in Hawaii

Spouses in the military are protected by Hawaii law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From A Hawaii Divorce Lawyer?

Because the parties in a divorce can file both for a no-fault divorce and for a fault-based divorce, there are many couples that need the advice of a divorce attorney to ensure that their rights are being protected throughout the process. In addition, most experienced divorce lawyers are skilled negotiators who can help those going through this stressful and emotional period and provide solid advice to help them make wise decisions about their family, their finances, and their future.