Hawaii Divorce Information
and FAQ
A divorce may be granted in the State of Hawaii upon a showing
that one or more of the following grounds exist:
1. The marriage is irretrievably broken;
2. The parties have lived separate and apart under a decree of
separation from bed and board, the term of separation has expired,
and no reconciliation has been effected;
3. The parties have lived separate and apart for a period of two
or more years under a decree of separate maintenance and no
reconciliation has been effected;
4. The parties have lived separate and apart for two or more
continuous years immediately prior to filing of the action without
reasonable likelihood of reconciliation, and it would not be harsh
or oppressive to the defendant or against public policy to grant the
plaintiff a divorce. 580-41
Residency requirements Hawaii requires that at least one of the
parties to the action for divorce must have resided within the State
of Hawaii for six months immediately prior to the filing of the
action. The action is filed in the court of the circuit where the
party has resided for at least three months prior to the
commencement of the action. 580-1
Name of court and title of action/parties An action for divorce
in the State of Hawaii is filed in the Family Court. The title of
the action initiating the divorce is a Complaint for Divorce, while
the title of the action granting the divorce is referred to as the
Decree of Divorce. The party who files the action for divorce is the
Plaintiff, while the other party to the action is referred to as the
Defendant. 580-1 Simplified divorce proceeding In a divorce action
where there are no contested issues and the parties agree that the
marriage is irretrievably broken, the court may issue a divorce
based upon the affidavits of the parties without requiring a hearing
on the matter. 580-42
Legal separation The court may issue a decree of separation from
bed and board not to exceed two years if it finds that the marriage
is temporarily disrupted. 580-71
Conciliation/mediation If one of the parties denies that the
marriage is irretrievably broken, the court may continue the matter
from thirty to sixty days and suggest to the parties that they seek
counseling. 580-42
Alimony Either party may be ordered to pay alimony to the other
spouse as the court deems equitable and just. The alimony order may
be for a fixed period of time or for an indefinite amount of time.
Factors the court will consider in ordering alimony include: 1. The
financial resources of the parties; 2. The ability of the party
seeking support to meet his needs independently; 3. The duration of
the marriage; 4. The standard of living established during the
marriage; 5. The age, physical and emotional health of the parties;
6. The usual occupation of the parties during the marriage; 7. The
vocational skills and employability of the party seeking support; 8.
The needs of the parties; 9. Custodial and child support
responsibilities; 10. The ability of the party paying support to
meet his needs while meeting the needs of the party seeking support;
11. Any other factor the court deems equitable and just. 580-47
Distribution of property Upon granting a divorce, the court will
divide the estate of the parties, real personal or mixed, whether
community, joint or separate as it deems just and equitable after
consideration of the following factors: 1. The respective merits of
the parties; 2. The relative abilities of the parties; 3. The
condition in which each party will be left by the divorce; 4. The
burdens imposed upon either party for the benefit of any children of
the marriage, and; 5. All other circumstances of the case. 580-47
Child Custody The court may award custody of any children of the
marriage to either party, based upon the best interests of the
child. Factors the court will consider in awarding custody include;
1. The wishes of the child; 2. Any reports ordered by the court
prepared by investigators or other professionals; 3. The relevant
testimony of anyone with insight as to the child's best interests.
571-46
Child support Either or both of the parties may be ordered to pay
child support as the court deems just and equitable after
consideration of the following factors: 1. The respective merits of
the parties; 2. The relative abilities of the parties; 3. The
condition in which each party will be left by the divorce; 4. The
burdens imposed upon either party for the benefit of any children of
the marriage, and; 5. All other circumstances of the case.
Hawaii has enacted child support guidelines which establish the
presumptive correct amount of child support to be paid. In
determining the amount of child support to be paid, the court may
also consider:
1. All earnings, income and resources of both parents; 2. The
earning potential, reasonable necessities, and borrowing capacity of
each parent; 3. The needs of the child; 4. The amount of public
assistance which would be paid under the full standard of need
established by the department; 5. The existence of other dependents
of the obligor parent; 6. Incentives to encourage both parents to
work; 7. The balance of the standard of living of each parent, and;
8. Extreme and inequitable changes in either parent's income due to
custody arrangements. 576D-7
Name change Upon request, the court may include in the decree
that a party may resume use of a former or maiden name. 574-5
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