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Divorce Laws in Hawaii

Hawaii is a “no fault only” State. However that does not mean that divorce cannot be contested. If a spouse objects to divorce the court must determine if the marriage is irretrievably broken, and may ask the couple to seek counseling and come back to court after a period of one month, but no more than two months, later.
 
Residency and jurisdiction
At least one spouse must have lived in Hawaii for at least six months prior to filing for divorce. Divorce must be filed in the judicial district where the filing party lives or in the last judicial district where the couple lived together as a married couple.

Grounds for divorce
Hawaii only grants no fault divorce. Acceptable grounds for divorce are as follows:

  • The marriage is irretrievably broken
  • The couple has been living apart under a legal separation for two or more years or until the separation order has expired, with no reconciliation
  • The couple has been living apart for a continuous period of two years and there is no likelihood that they will live together again.

Division of property
Hawaii is an "equitable distribution" State meaning the property is not divided 50/50 but rather in a manner that the court deems fair to both parties.
The court will consider many factors when dividing property including:

  • The abilities of both spouses
  • The condition in which each spouse will be left by the divorce
  • The burden imposed on either spouse for the benefit of the children

Spousal support
Spousal support in Hawaii can be indefinite or rehabilitative. Many factors are considered in determining spousal support including:

  • Standard of living during the marriage
  • Length of marriage
  • Ability of the spouse seeking support to meet his or her needs independently
  • Ability of spouse from whom support is sought to pay support while still meeting his or her needs independently
  • Financial resources of each spouse
  • Age
  • Physical and emotional health
  • Occupations of both spouses during the marriage
  • Skills and employability of spouse seeking support
  • Costs and responsibilities of rearing children
  • Length of time support will be needed


Child custody and support
Hawaii grants visitation rights to anyone interested in the welfare of the child including but not limited to parents, grandparents and siblings.

Hawaii has specific provisions regarding domestic violence when considering child custody. It does not go so far as to rule out any possibility of custody for parents who have committed domestic violence, but says that the safety of the child and the other spouse are the most important consideration. Parents who have left the family home to escape domestic violence are not penalized for abandoning their children.

Hawaii uses the Percentage of Income formula for calculating child support.

If you are considering or facing divorce in Hawaii, contact an experienced Hawaii divorce attorney today.

Click here to select from Hawaii divorce lawyers in your area.

 
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Disclaimer: Divorce law information contained throughout this page is intended to generally inform you about divorce law in Hawaii and introduce you to divorce lawyers throughout the U.S. The information regarding divorce and divorce law is not meant to be taken as legal advice. If you like to speak with an experienced divorce attorney, click on the link to your state to find an experienced divorce lawyer in your area for an initial consultation.
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