Question 1

What are the residency requirements for filing for divorce in Hawaii?

Accepted Answer

At least one spouse must have been a Hawaii resident for at least 6 months before filing, or the marriage was solemnized in Hawaii and either spouse is a Hawaii resident at the time of filing. You must meet this requirement before the court will accept your petition for divorce.

Question 2

Does Hawaii allow no-fault divorce?

Accepted Answer

Yes. Hawaii allows no-fault divorce based on the marriage is irretrievably broken after a 2-year separation, or the marriage is irretrievably broken without the separation requirement if both parties agree.

Question 3

How is property divided in a Hawaii divorce?

Accepted Answer

Hawaii follows equitable distribution principles for dividing marital property. This means the court divides property fairly, considering factors like each spouse's contributions, economic circumstances, and the length of the marriage.

Question 4

Is there a waiting period for divorce in Hawaii?

Accepted Answer

Hawaii does not have a mandatory post-filing waiting period beyond the separation requirement.

Question 5

How is child custody determined in Hawaii?

Accepted Answer

Hawaii courts determine custody based on the best interests of the child, considering factors such as each parent's relationship with the child, the child's adjustment to home and school, the mental and physical health of all parties, and any history of domestic violence.

Question 6

How is child support calculated in Hawaii?

Accepted Answer

Hawaii uses state-specific child support guidelines that consider both parents' incomes, the number of children, custody arrangement, healthcare costs, and childcare expenses. You can find the state's child support calculator through the Hawaii court system website.

Question 7

Does Hawaii award alimony/spousal support?

Accepted Answer

Yes, Hawaii courts may award spousal support based on factors including the length of the marriage, each spouse's income and earning capacity, the standard of living during the marriage, and each spouse's contributions. The type and duration of support vary based on the circumstances.

Question 8

Can I get a legal separation in Hawaii?

Accepted Answer

Most states, including Hawaii, offer some form of legal separation as an alternative to divorce. Legal separation allows spouses to live apart and divide assets without formally dissolving the marriage. Consult a local attorney to understand the specific options available in Hawaii.

Question 9

How long does a divorce take in Hawaii?

Accepted Answer

The timeline varies based on whether the divorce is contested or uncontested. An uncontested divorce in Hawaii may take as little as a few weeks to a few months after meeting any waiting period requirements. Contested divorces can take 6 months to over a year.

Question 10

How do I find a divorce attorney in Hawaii?

Accepted Answer

You can use our directory to browse divorce attorneys in Hawaii by city or county. Each listing includes attorney details, practice areas, and a confidential contact form to request a consultation.

Hawaii Divorce: Frequently Asked Questions

Find a Divorce Attorney in Hawaii