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Divorce Residency Essentials to Get Divorce in Hawaii

The spouse filing for divorce must have been present in Hawaii for three months. However, a final divorce will not be granted unless one spouse has been a resident for six months. The divorce should be filed in either:

The judicial district where the plaintiff resides or

The judicial district where the spouses last lived together. [Hawaii Revised Statutes; Section 580-1].

Reasons for Divorce in Hawaii

There are mainly two reasons of divorce in Hawaii that is fault and general.  In order to file for divorce in Hawaii, the proper grounds must be established.  Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court. 

No-fault reasons for divorce in Hawaii include:

• Irretrievable breakdown of the marriage and
• Living separate and apart without cohabitation for two years and it would not be harsh or oppressive to the defendant spouse to grant the divorce. [Hawaii Revised Statutes; 580-41].

General reasons for divorce in Hawaii include:

• Legal separation and there has been no reconciliation. [Hawaii Revised Statutes; 580-41].

Custody of the Children in Hawaii

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. The parent who has had custody of the child in a wholesome home and is considered a fit and proper parent, is presumed to be preferred in custody. 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].

Property Distribution in Hawaii

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:

• The burdens imposed upon either spouse for the benefit of the children;
• The position each spouse will be left in after the divorce;
• The relative abilities of the spouses;
• The respective merits of the spouses; and
• All other circumstances. [Hawaii Revised Statutes; 580-47].

Hawaii Spousal Support Guidelines

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:

• The standard of living established during the marriage;
• The duration of the marriage;
• The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support;
• The ability of the spouse seeking maintenance to meet his or her needs independently;
• The comparative financial resources of the spouses;
• The needs of each spouse;
• The age of the spouses;
• The physical and emotional conditions of the spouses;
• The usual occupation of the spouses during the marriage;
• The vocational skills and employability of the spouse seeking support and maintenance;
• The probable duration of the need of the spouse seeking support and maintenance;
• Any custodial and child support responsibilities;
• 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;
• Other factors which measure the financial condi­tion in which the spouses will be left as a result of the divorce; and
• 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; 580-47].

Hawaii Child Support Guidelines

The court may order either or both parents to provide child support in a just and equitable manner. Factors to be considered are:

• All earnings, income, and resources of the parents;
• The earning potential, reasonable necessities, and borrowing capacity of the parents;
• The needs of the child;
• The full amount of public aid the child would receive without any child support;
• Any other dependents of the parents;
• Incentives for both parents to work;
• An attempt to balance the standard of living of the parents and avoid placing any parent below poverty level;
• To avoid any extreme changes in either parent’s income; and
• 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].

Divorce Mediation

If denies 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; 580-42].