Divorce in Hawaii: Find Essential Info, Laws, Forms and Resources

Embarking on a divorce journey can be challenging. This page aims to ease that journey by offering crucial information about divorce in Hawaii. Here, we’ll explore Hawaii’s unique divorce laws and what steps you’ll need to take. For further details and resources, be sure to check out the additional links provided.

Divorce Laws in Hawaii

Hawaii is a no-fault divorce state, meaning that the divorce can be granted on the basis of irretrievable breakdown of the marriage. To file for divorce in Hawaii, one spouse must have been a resident for at least six months.

Unique to Hawaii, the court requires an additional three-month residency in the circuit where the divorce is filed. There’s no mandatory waiting period after filing for the divorce to be finalized, unlike in some other states.

Process of Filing for Divorce

To start a divorce in Hawaii, you’ll file a “Complaint for Divorce” in the Family Court of the circuit where you live. The necessary paperwork includes financial disclosures and, if there are children involved, child custody and support forms.

Once you’ve filed, serving the divorce papers to your spouse is a key step. Hawaii has specific rules about how this should be done, which you’ll need to follow.

Child Custody and Support

In Hawaii, child custody decisions prioritize the best interests of the child. The state encourages both parents to remain involved in their children’s lives.

Child support is determined using Hawaii’s Child Support Guidelines, which consider the incomes of both parents and the time each parent spends with the child.

Alimony/Spousal Support

Alimony, or spousal support, in Hawaii is determined based on factors like the length of the marriage, each spouse’s financial needs, and their ability to earn. The court evaluates these factors to ensure fair support arrangements. As with other aspects of divorce in Hawaii, alimony decisions can vary from case to case.

Property Division

Hawaii follows the equitable distribution model when dividing marital property. This means that property and debts are divided fairly, but not always equally. The court considers factors such as each spouse’s contribution to the marriage and their future economic circumstances. This approach is different from community property states, where assets are typically divided equally.

Hawaii Divorce Resources

Looking for more detailed information? Be sure to check out the links provided on Hawaii’s divorce laws. These resources include family law courts, official government websites, and legal aid organizations.

Article: How Much Does a Divorce Cost in Hawaii

Divorce Forms for Hawaii

General Forms:

• Complaint for Divorce – https://www.courts.state.hi.us/docs/1FP/1FP163.pdf
• Family Law Case Information Sheet – https://www.courts.state.hi.us/courts/family/family_courts
• Summons with Orders – https://www.courts.state.hi.us/legal_references/records/jims_system_availability
• Default – https://www.courts.state.hi.us/courts/courts
• Financial Declaration – https://www.courts.state.hi.us/news_and_reports/judicial_disclosures/2021-judicial-financial-disclosure-statements
• Child Support Information & Order – https://ag.hawaii.gov/csea/faqs/orders-processing/

Parenting Plans (Choose one depending on your situation):

• Parenting Plan with Agreement – https://www.courts.state.hi.us/docs/form/oahu/civil_union_with_children/1FP846.pdf
• Parenting Plan without Agreement (same form as above)

Additional Required Forms (depending on your specific case):

• Motion for Temporary Orders – https://www.courts.state.hi.us/self-help/courts/forms/court_forms
• Motion and Affidavit for Service by Publication – https://www.courts.state.hi.us/self-help/courts/forms/court_forms
• Affidavit of Service by Publication (CAO D-12) https://www.courts.state.hi.us/self-help/courts/forms/court_forms
• Proposed Decree of Divorce with Minor Children – https://www.courts.state.hi.us/wp-content/uploads/2021/02/DLiH_Handout_Materials_1-6-21_draft_18.pdf
• Proposed Decree of Divorce Without Minor Children – https://www.courts.state.hi.us/wp-content/uploads/2021/02/DLiH_Handout_Materials_1-6-21_draft_18.pdf
• Notice of Entry of Decree – https://www.courts.state.hi.us/self-help/courts/forms/court_forms

Additional Resources:

Legal Aid Society of Hawaii – https://www.legalaidhawaii.org/

Disclaimer

Remember, this information is for general guidance only and is not legal advice. It’s important to consult with a legal professional for specific advice on your situation.