Hawaii Divorce Laws

Hawaii Divorce Law Requirements

Divorce Requirements for Hawaii Residents

To qualify for a Hawaii divorce petition, check out the following minimum residency requirements:

1. Either party must have lived in Hawaii for at least six months.

2. The petitioner must have been in Hawaii for at least three months.

Hawaii Grounds For Divorce

Hawaii is a no-fault State. One only has to prove that the marriage is irretrievably broken, without pointing out who’s at fault for the breakdown of the marital union. Other grounds are when both parties have been living separately for two years without cohabitation, and when they’ve been legally separated without prospect of reconciliation.

Child Custody Law in Hawaii

In determining physical and legal custody, Hawaii puts the child’s best interests first. Although joint legal custody is usually awarded to both parents in ideal circumstances, several factors are being looked into in coming up with a legal decision that would serve the child’s best welfare.

Generally, Hawaii child custody is decided upon by the court based on, but not limited to, the following:

1. Safety and well-being of the child;
2. Child’s wishes (if the child is of sufficient age and has the capacity to reason);
3. Emotional bond between the child and each parent;
4. Home environment and other factors that could affect the child’s general well-being;
5. History of family violence committed by either parent;
6. Any history of physical, sexual, or emotional abuse by either parent;
7. Any history of neglect by either parent;
8. Any evidence of alcohol or drug abuse by either parent;
9. Mental health of each parent;
10. Needs of the child (physical health, safety, emotional, educational).
11. Guidelines for Hawaii Child Support

The Hawaii State Judiciary provides guidelines for child support, although the courts are not bound to strictly follow them on some instances. The courts may also include for consideration the parents’ income and any Standard of Living Allowance or SOLA, as well as the reasonable needs of the child.

Where to file for a divorce?

Hawaii Divorce Forms must be filed by the petitioner in the respondent’s county of residence or in the county where they both resided together before the marriage collapsed.

For a fast and inexpensive divorce process, you can file Hawaii online divorce forms.

Refer to the “Divorce Requirements for Hawaii Residents” above and also review the best online divorce sites.

Mediation

While there is a Center for Alternative Dispute Resolution in Hawaii’s Judiciary to resolve domestic disputes, either party may request for a private mediation settlement before or after the Hawaii divorce papers have been filed.

Need information for a different state?

View more state laws

You may also visit the Hawaii Courts for more information