Divorce Laws in Hawaii
*All information on this page is intended to provide educational and informational materials only, not to serve as legal advice in any form or capacity.
Divorce is the legal process of ending a marriage contract, which can have significant implications for the lives of the divorcing spouses and their children. Divorce laws in Hawaii are complex and will affect you personally. Divorce laws are not uniform across the United States as each state has its own statutes and procedures that govern how a divorce can be obtained, and what issues can be resolved. Below is a description of the divorce legal processes in Hawaii so you can better prepare yourself, and choose if a divorce lawyer is needed, or if a DIY Divorce kit can be used.
Hawaii Divorce Laws: Attorneys & Family Lawyers
Hawaii is one of the most liberal states in the U.S. with a restrained divorce rate of 3.9% per 1,000 of the total population. It is relatively easy to obtain a divorce in this state, as the court declares divorce on the basis of no-fault divorce grounds. Annulment is not a preferred choice, however, as the grounds for annulment are few and the process is complicated.
Divorce Grounds in Hawaii
When it comes to divorce grounds, each state has its own set of laws. The legal divorce grounds in Hawaii are:
- Irretrievable Breakdown – This stands for a marital relationship’s breakdown beyond any prospect of reconciliation. You and your spouse can obtain a divorce if this is the case.
- Living Separate without Cohabitation – The court of law may order a mandatory separation before awarding divorce. After completion of this separation period, you are entitled to divorce.
- Mandatory Separation for Two Years – The court of law can also order a mandatory separation of two years in some jurisdictions. After completing this period, you and your spouse can bail out of a marriage.
- Living Separate for Two Years – If you and your spouse have been living separately for two years or more (without cohabitation with mutual consent), both of your claims for divorce will be considered valid.
It is important to note that divorce be complicated. For detailed information regarding divorce grounds in Hawaii, it is best to seek help from a professional divorce attorney or family lawyer.
Exploring Hawaii’s Divorce Laws
If you’re considering a divorce in Hawaii, it’s important to understand the state’s divorce laws. These laws cover residency requirements, documents required for filing, distribution of property, name change or restoration, mediation counseling, alimony, child custody, and child support. Let’s take a closer look.
Residency Requirements
When it comes to filing for divorce in Hawaii, the state has some rigid residency requirements that must be met. To be eligible to file a divorce case, you must have been a resident of Hawaii for at least three months. In order for the court to grant a final approval for divorce, one of the spouses must have been a resident of Hawaii for at least six months.
Documents Required for Filing Divorce
To initiate and finalize a divorce case according to the Hawaii divorce laws, the following documents are required:
- Complaint for Divorce
- Final Divorce Decree
Distribution of Property
Hawaii is an “equitable distribution” state, so marital or community property must be divided evenly between both spouses. If the spouses can’t reach an agreement, the court will use a three step process to divide the marital property:
- Establish the fact that the property in question is marital property.
- Determine the value of the marital property according to current prices.
- Divide the property into two parts, taking into account factors like each spouse’s financial situation and other elements of the case to make it a fair distribution.
Name Change or Restoration
According to Hawaii divorce laws, you’re allowed to return to your pre-marriage name after filing for divorce. This applies to both spouses.
Mediation Counseling
If one spouse refuses to acknowledge a significant breakdown of marriage, the court can delay the divorce proceedings for up to sixty days and may ask you to go for mediation and counseling.
Alimony
The court has the authority to award maintenance to both spouses on a temporary or permanent basis.
Child Custody
Child custody is an important part of Hawaii’s divorce laws, and requests for joint or shared custody are usually granted. The court takes a child’s interests into account when making this decision.
Child Support
The court takes into consideration factors such as financial situation and merit when settling the child support issue.
If you’re considering a divorce in Hawaii, it’s best to consult with a professional divorce attorney or divorce lawyer for comprehensive divorce laws information specific to your state.
Hawaii Annulment Laws
Annulment in Hawaii may be rare, but it’s an important option for individuals seeking to void a marriage. But what must be established for an annulment to be granted? Let’s explore the Hawaii annulment laws.
Bigamy or Existence of a Prior Marriage
Under Hawaii annulment laws, both parties must be single at the time of marriage. If either person is already married, the union will be considered bigamous and the marriage is not recognized.
Incest
Incestuous relationships are also not recognized under Hawaii annulment laws. This includes any marital relationship between natural parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child, brother, half brother sister, half sister, adopted brother, or adopted sister.
Mental Illness
If your spouse has a mental illness that is beyond cure, you may be eligible for an annulment. Hawaii annulment laws recognize this as a valid ground for annulment.
Physical Disability
If your spouse has a physical disability that is adversely affecting your marital relationship, Hawaii annulment laws may provide a way out.
An annulment can be a difficult, but sometimes the necessary, path to take. Understanding Hawaii annulment laws can help you make an informed decision.
Hawaii Divorce Laws – FAQs
Are you considering a divorce in Hawaii? You may have a lot of questions about Hawaii’s divorce laws. We’ll provide the answers you need to make an informed decision.
How long do I have to live in Hawaii before I can get divorced?
Under Hawaii divorce law, you can file for divorce if you have been a resident of the State for six months or 180 days (whichever is longer).
What if my spouse doesn’t live in Hawaii?
You can still file for divorce in Hawaii, although you may need to appear in court.
How soon can I be rid of my marriage?
This will depend on your divorce case and how soon you and your spouse can reach a divorce settlement.
What is the filing fee for divorce in Hawaii?
The filing fee for divorce in Hawaii varies from county to county. The average cost of a divorce in the US is around $18,000.
How do divorce attorneys in Hawaii charge?
Most Hawaii divorce lawyers charge their clients per hour, but some are willing to negotiate a flat fee.
Would it be possible for me to represent myself in court?
Yes, you can do that. However, it’s always best to secure the services of a seasoned Hawaii divorce lawyer.
Can my spouse and I hire the same Hawaii divorce lawyer?
No, this is not a possibility since Hawaii divorce law requires that both spouses be represented separately.
Do common laws have legal recognition in Hawaii?
No, common laws have no legal recognition in Hawaii.
Is Hawaii a No-Fault State?
Yes, Hawaii is a no fault State.