Divorce in Hawaii, like other states, is based on residency. Divorces
are handled on the federal level, so in which county the individuals
reside, or if they reside in Hawaii at all, determines the outcome of
If a divorce is filed to the wrong court, then the case can be
dismissed. Certain requirements are involved in before a divorce can be
petitioned. At least one of the individuals involved in the marriage is
required to have lived in Hawaii for a minimum of six months before a
divorce can be filed. Those who are stationed in Hawaii for military
purposes are exempt from these requirements and may file for divorce
If the individual petitioning for divorce no longer resides in Hawaii,
he or she can still file for divorce through the state of Hawaii but
must do so in the county where his or her spouse resides. All divorce
cases shall be petitioned to the judicial district of residency or
where the individuals lived together.
Divorce Grounds in Hawaii
Like those of the continental United States, Hawaii has laws for how a
divorce can be based. All divorces are to be grounded for specific,
lawful reasoning. The Hawaii family court has four categories for how a
divorce may be petitioned.
The first of these is that the marriage has been designated as being
broken beyond repair. Many times under these circumstances, both
spouses will bring the case to the court. The second category is where
the spouses have not lived in the same home under jurisdiction of the
court. These separation terms will have had to expire and no reconcile
will have been obtained for this category to be effective.
The third category is where the spouses have not live in the same home
for at least two years through a separation decree without a
reconciliation as a result. The final category of Hawaii divorce
grounds is where the individuals involved have been separated and in
different homes for at least two years and the court agrees that no
reconciliation is possible. All of these categories lie under Hawaii
Statute Title 580 Chapter 41.
Filing for Divorce
When divorce is filed, many factors will need to be taken into
consideration, including child visitations, division of any debts,
whether or not there will be child support paid, whether or not there
will be spousal support paid, and who will have custody of any children
or if there will be a joint custody agreement.
Certain documents will also have to be filled out and can be as much as
twenty different kinds. Some of these include a Marital Settlement
Agreement sheet, a Matrimonial Action Information sheet, the Complaint
for Divorce and Decree of Divorce document, an Appearance and Waiver
sheet, and an Income and Expense Statement sheet. These documents will
be considered by the court when settling any relevant issues and in
dividing the property. The property will not necessarily be divided
equally but will be divided fairly, at the court's discretion.