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Before you start completing your uncontested divorce forms with us, please read all the requirements
for Hawaii divorce. Make sure that your situation matches all the requirements.
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 Grounds for divorce
Residency requirements
Where to file
Division of property
Spousal and child support and maintenance
Mediation proceeding
The family court shall decree a divorce from the bond of matrimony upon the application of either party when the court finds:
- The marriage is irretrievably broken;
- The parties have lived separate and apart under a decree of separation from bed and board entered by any court of competent jurisdiction, the term of separation has expired, and no reconciliation has been effected;
- The parties have lived separate and apart for a period of two years or more under a decree of separate maintenance entered by any court of competent jurisdiction, and no reconciliation has been effected; or
- The parties have lived separate and apart for a continuous period of two years or more immediately preceding the application, there is no reasonable likelihood that cohabitation will be resumed, and the court is satisfied that, in the particular circumstances of the case, it would not be harsh and oppressive to the defendant or contrary to the public interest to a divorce on this ground on the complaint of the plaintiff.
(Hawaii Revised Statutes, §580-41)
If both of the parties by complaint or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or one of the parties has so stated and the other has not denied it, the court, after hearing, shall make a finding whether the marriage is irretrievably broken.
At the same time, Hawaii adopted a "simplified divorce procedure".
If the filing spouse alleges an "irretrievable breakdown of the marriage" as ground for divorce and the other spouse does not deny it, the court, in its discretion, may waive a hearing on an uncontested divorce complaint and admit proof by affidavit. (Hawaii Revised Statutes, §580-42)
What is the difference between fault divorce and no-fault divorce?
In Hawaii, the family court has exclusive original jurisdiction in matters of annulment, divorce, and separation. A petitioning spouse has to be a domiciliary of Hawaii or has to be physically present for a continuous period of at least three months next preceding the application thereof. No absolute divorce from the bond of matrimony shall be granted for any cause unless either party to the marriage has been domiciled or has been physically present in the State for a continuous period of at least six months next preceding the application thereof.
A person who may be residing on any military or federal base, installation, or reservation within the State or who may be present in the State under military orders shall not thereby be prohibited from meeting the requirements of this section. (Hawaii Revised Statutes, §580-1)
An action for annulment, divorce, or separation is commenced by filing a complaint with the family court.
Upon the hearing of every complaint for annulment, divorce, or separation, the court shall require exact legal proof upon every point, notwithstanding the consent of the parties.
An order as to the custody, management, and division of property and as to the payment of debts and the attorney's fees, costs and expenses incurred in the divorce shall be final and conclusive as to both parties subject only to appeal as in civil cases.
As long as Hawaii is equitable distribution state the court will distribute marital property as it deems "just and equitable". Division of property is discretionary with the trial court and will not be disturbed unless abuse of discretion is clearly shown.
All property within the State of a party to a matrimonial action may by order of the court be sequestered and applied to the payment of any allowance in such action by the court for the support and maintenance of either spouse or for the support, maintenance, and education of minor children, whether temporary or permanent, where service or notice has been effected by any of the methods set forth in section 580-3. (Hawaii Revised Statutes, 580-12)
Upon granting a divorce, the court may make any further orders as shall appear just and equitable
- compelling the parties or either of them to provide for the support, maintenance, and education of the children of the parties;
- compelling either party to provide for the support and maintenance of the other party;
- finally dividing and distributing the estate of the parties, real, personal, or mixed, whether community, joint, or separate; and
- allocating, as between the parties, the responsibility for the payment of the debts of the parties whether community, joint, or separate, and the attorney's fees, costs, and expenses incurred by each party by reason of the divorce.
In making these further orders, the court shall take into consideration: the respective merits of the parties, the relative abilities of the parties, the condition in which each party will be left by the divorce, the burdens imposed upon either party for the benefit of the children of the parties, and all other circumstances of the case.
In establishing the amounts of child support, the court shall use the guidelines established under section 576D-7. Provision may be made for the support, maintenance, and education of an adult or minor child and for the support, maintenance, and education of an incompetent adult child whether or not the petition is made before or after the child has attained the age of majority.
In those cases where child support payments are to continue due to the adult child's pursuance of education, the agency, three months prior to the adult child's nineteenth birthday, shall send notice by regular mail to the adult child and the custodial parent that prospective child support will be suspended unless proof is provided by the custodial parent or adult child to the child support enforcement agency, prior to the child's nineteenth birthday, that the child is presently enrolled as a full-time student in school or has been accepted into and plans to attend as a full-time student for the next semester a post-high school university, college, or vocational school.
If the custodial parent or adult child fails to do so, prospective child support payments may be automatically suspended by the child support enforcement agency, hearings officer, or court upon the child reaching the age of nineteen years.
In addition, if applicable, the agency, hearings officer, or court may issue an order terminating existing assignments against the responsible parent's income and income assignment orders.
The court, in ordering spousal support and maintenance, shall consider the following factors:
- Financial resources of the parties;
- Ability of the party seeking support and maintenance to meet his or her needs independently;
- Duration of the marriage;
- Standard of living established during the marriage;
- Age of the parties;
- Physical and emotional condition of the parties;
- Usual occupation of the parties during the marriage;
- Vocational skills and employability of the party seeking support and maintenance;
- Needs of the parties;
- Custodial and child support responsibilities;
- Ability of the party from whom support and maintenance is sought to meet his or her own needs while meeting the needs of the party seeking support and maintenance;
- Other factors which measure the financial condition in which the parties will be left as the result of the action under which the determination of maintenance is made; and
- Probable duration of the need of the party seeking support and maintenance.
The court may order support and maintenance to a party for an indefinite period or until further order of the court; provided that in the event the court determines that support and maintenance shall be ordered for a specific duration wholly or partly based on competent evidence as to the amount of time which will be required for the party seeking support and maintenance to secure adequate training, education, skills, or other qualifications necessary to qualify for appropriate employment, whether intended to qualify the party for a new occupation, update or expand existing qualification, or otherwise enable or enhance the employability of the party, the court shall order support and maintenance for a period sufficient to allow completion of the training, education, skills, or other activity, and shall allow, in addition, sufficient time for the party to secure appropriate employment.
(Hawaii Revised Statutes, §580-47)
Mediation may be ordered upon court's discretion; however, in contested divorce proceedings where there are allegations of spousal abuse, the court shall not require a party alleging the spousal abuse to participate in any component of any mediation program against the wishes of that party. (Hawaii Revised Statutes, §580-41.5)
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