HFLO

Divorce in Hawaii

Do you have questions about divorce in Hawaii? Honolulu Family Law Office is your go-to resource for all things divorce in the Aloha State.

Overview of Divorce in Hawaii

In this guide to divorce in Hawaii, we at Honolulu Family Law Office explore key elements of the divorce process for those living in our 50th state. Some of what we’ll delve into include:



Legal advice is our specialty, so if you have any questions or would like to schedule a consultation, please reach out! 

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Requirements for Divorce in Hawaii

As with other states, in order to file for divorce in Hawaii, there are certain requirements that need to be met.

  • Minimum Residency

    There are residency requirements involved when you’re looking to file for divorce. In Hawaii, you or your spouse must have:


    Lived in Hawaii for six months or more.

    Lived on the same island or within the same county for three months or more.


    Contact us if you have any questions about these requirements.

  • Grounds for Divorce

    Hawaii has a “no-fault” view on divorce, meaning one spouse can file for divorce even if the other person doesn’t want to. Also, you don’t have to prove that the other person did something wrong in order to file. Instead, you must tell the court that the marriage is irretrievably broken. 

  • Waiting Periods

    There’s no waiting period between when you file your divorce and when the court initiates the process.

  • Legal Representation

    It’s important to acquire legal representation when filing for divorce in Hawaii. Among the many reasons are:


    • Understanding the law
    • Objective advice
    • Protecting your rights
    • Expediting the process
    • Access to legal resources
    • Mitigating risks

    Our team at Honolulu Family Law Office is on your side regarding state of Hawaii divorce concerns, and we’ll guide you every step of the way. 

How to File for Divorce in Hawaii

Like anything else, there are various measures to take when filing for divorce in Hawaii, namely divorce forms. We can help you streamline the process.

  • Filing for Divorce

    To get started, you or your attorney first need to complete the forms and file them with Family Court. 


  • Hawaii Divorce Forms

    You can refer to the divorce self-help packet on the Hawaii State Judiciary site for the necessary forms, instructions, and a checklist. 


  • Serving Divorce Papers

    To serve divorce papers in Hawaii, there are several methods you can use, like:


    Personal service: The most common method is personal service, where someone other than yourself, who is over 18 years old and not a party to the case, physically delivers the divorce papers to your spouse.


    Service by mail: If personal service is not possible or practical, you may be able to serve the divorce papers through certified or registered mail with restricted delivery. This means that your spouse must sign for the mail personally to acknowledge receipt.


    Sheriff or Process Server: Another option is to hire a Sheriff or a professional Process Server to serve the divorce papers on your behalf. This method requires paying a fee to the respective authorities.


  • Responding to Divorce Petitions

    The other party must respond within 20 days of receiving the petition. Please let us know if you have questions about this timeline.


  • The Role of Divorce Attorneys

    Divorce attorneys play a vital role in the divorce process by providing legal representation to those seeking to dissolve their marriage, some of which include:


    • Legal counsel
    • Document preparation
    • Representation in court
    • Negotiation and mediation
    • Collaboration with other professionals

  • The Role of Judges

    Judges play a crucial role in divorce cases, overseeing the proceedings and making important decisions, such as:

    • Impartial and fair decision-making
    • Legal interpretation and application
    • Dispute resolution
    • Final decisions and orders
    • Upholding judicial ethics 
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Types of Divorce in Hawaii

There are several kinds of divorce in the state of Hawaii, uncontested, contested, and legal separation.

An uncontested divorce refers to a situation where both parties in a marriage come to an agreement on all aspects of the divorce. If the judge approves your forms, you don’t need to appear in court. We can assist if you’re in need of an uncontested divorce. 

During a contested divorce, both parties involved can’t agree on a specific aspect, like property division or child support, and this may result in litigation, adding to the length of the process.

Unlike divorce, when you’re legally separated, you’re still married but are living separately. Some advantages of legally separating are: 


Maintaining health insurance: It’s likely that one person will lose health insurance in a divorce. Legal separation allows both parties to keep their insurance since you’re still legally married.


Tax benefits: It may make financial sense to stay married on paper since divorced couples could potentially lose out on various tax advantages that are typically available to married individuals.


Religious obligations: Some may opt for legal separation instead of divorce because of their religious beliefs.


Division of Assets

Is Hawaii a community property state?

Hawaii isn’t a community property state, meaning the judge bases how the property is divided into several different items, such as each spouse’s employment status and special medical needs. 

Asset Distribution

Hawaii goes by an equitable distribution principle regarding property. Therefore, any property obtained over the course of the marriage is marital property and can be divided.

Protecting Your Assets During Divorce

Asset protection during divorce is important, and you should:


  • Understand your assets
  • Separate finances
  • Document everything

Alimony and Spousal Support in Hawaii

Alimony isn’t required in Hawaii, although there’s often a misconception that it is. 

Types of Alimony

Temporary alimony in Hawaii refers to the financial support provided to a spouse during the divorce process. It’s designed to address the immediate financial needs of the recipient and aims to equalize the standards of living between both parties.

Permanent alimony refers to ongoing financial support that is awarded to a spouse following a divorce. It is typically granted when one spouse has demonstrated a need for ongoing financial assistance, and the other spouse has the ability to pay.

Factors Influencing Spousal Support

The following factors may be considered in determining spousal support:


  • The financial resources of each person
  • The person requesting support and maintenance must demonstrate their ability to meet their needs on their own
  • Length of the marriage
  • Standard of living established during the marriage
  • The age of each person

Child Custody and Support in Hawaii

Child custody arrangements can be broken into two categories:


Sole: The child resides primarily with one parent, and the other parent may have visitation rights or scheduled parenting time. The parent with sole custody is responsible for the day-to-day care and upbringing of the child.


Joint: The child spends significant time living with both parents on a shared basis. The exact schedule and division of time can vary depending on the specific agreement or court order.

When determining child custody, several factors can influence the court's decision. Some of these factors include: 


Best interests of the child: The primary consideration for judges is the best interests of the child. They assess factors such as the child's age, physical and emotional needs, and their relationship with each parent.


Parental ability to care for the child: The physical and mental fitness of each parent is a significant factor. Judges assess factors such as stability, health, capacity to provide a safe and nurturing environment, and willingness to support the child's well-being.


Continuity and stability in the child’s life: Judges consider the stability and continuity that each parent can provide. Factors such as the child's established routines, school and community ties, and the potential impact of disrupting these aspects are taken into account.    


It’s worth noting that if the child is 14 years of age or older, the court might take their opinion into consideration. Instead of testifying in court, the child would be interviewed by a custody evaluator, who would then relay their answers to the court.

Legal Representation for Divorce in Hawaii

  • The Importance of Having a Divorce Lawyer on Your Side

    Going through a divorce is emotionally challenging. Having a divorce lawyer such as ours not only provides legal guidance but also offers support during this difficult time. 

  • Tips for Finding the Right Attorney

    When looking for the right divorce attorney, there are several tips you can consider to make an informed decision:           


    • Seek recommendations
    • Define your needs
    • Set a budget
    • Ask the right questions
    • Research and evaluate
    • Assess their ethics and morals

  • How much are divorce attorney fees in Hawaii?

    Divorce attorney fees in Hawaii can vary depending on various factors, including the complexity of the case and the specific services required. If you’d like to learn more about our pricing, please take a look at our site, and contact us with any questions.


Where should I begin with my divorce?

Now you have a better sense of how to get a divorce in Hawaii. When it comes to divorce law, we at Honolulu Family Law Office are in your corner. We can provide reassurance, empathy, and professional guidance, helping you navigate all aspects of the divorce process.


Adhering to divorce laws in Hawaii can be challenging on your own, but partnering with us makes all the difference as we offer the support, resources, and compassion to help. You can rely on our team to help you wade through the complexities of your case so you can achieve the best possible outcome and move forward with your life.

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