State Laws

Hawaii Divorce


Hawaii Divorce
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 the divorce.

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 while stationed.

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.

See also:
Hawaii Felony
Hawaii Gun Laws
Hawaii Bankruptcy
Hawaii Misdemeanor External link (opens in new window)
Hawaii Expungement External link (opens in new window)