Uncontested Divorce Hawaii

Divorce - State Law Summary - Hawaii

Notes: This summary is not intended to be an all-inclusive summary of  the laws of divorce in the State of Hawaii, but does contain basic and other  procedures.

Grounds for divorce

A divorce may be granted in the  State of Hawaii upon a showing that one or more of the following grounds exist:

1. The marriage is irretrievably broken;
2. The parties have  lived separate and apart under a decree of separation from bed and board, the  term of separation has expired, and no reconciliation has been effected;
3. The parties have lived separate and apart for a period of two or more  years under a decree of separate maintenance and no reconciliation has been  effected;
4. The parties have lived separate and apart for two or more  continuous years immediately prior to filing of the action without reasonable  likelihood of reconciliation, and it would not be harsh or oppressive to the  defendant or against public policy to grant the plaintiff a divorce. 580-41

Residency requirements

Hawaii requires that at least one  of the parties to the action for divorce must have resided within the State of  Hawaii for six months immediately prior to the filing of the action. The action  is filed in the court of the circuit where the party has resided for at least  three months prior to the commencement of the action. 580-1

Name of court and title of action/parties

An action for  divorce in the State of Hawaii is filed in the Family Court. The title of the  action initiating the divorce is a Complaint for Divorce, while the title of the  action granting the divorce is referred to as the Decree of Divorce. The party  who files the action for divorce is the Plaintiff, while the other party to the  action is referred to as the Defendant. 580-1

Simplified divorce proceeding

In a divorce action where  there are no contested issues and the parties agree that the marriage is  irretrievably broken, the court may issue a divorce based upon the affidavits of  the parties without requiring a hearing on the matter. 580-42

Legal separation

The court may issue a decree of  separation from bed and board not to exceed two years if it finds that the  marriage is temporarily disrupted. 580-71

Conciliation/mediation

If one of the parties denies that  the marriage is irretrievably broken, the court may continue the matter from  thirty to sixty days and suggest to the parties that they seek counseling.  580-42

Alimony

Either party may be ordered to pay alimony to  the other spouse as the court deems equitable and just. The alimony order may be  for a fixed period of time or for an indefinite amount of time. Factors the  court will consider in ordering alimony include:

1. The financial resources of the parties;
2. The ability of  the party seeking support to meet his needs independently;
3. The  duration of the marriage;
4. The standard of living established during  the marriage;
5. The age, physical and emotional health of the parties;
6. The usual occupation of the parties during the marriage;
7.  The vocational skills and employability of the party seeking support;

8.  The needs of the parties;
9. Custodial and child support  responsibilities;
10. The ability of the party paying support to meet  his needs while meeting the needs of the party seeking support;
11. Any  other factor the court deems equitable and just. 580-47

Distribution of property

Upon granting a divorce, the  court will divide the estate of the parties, real personal or mixed, whether  community, joint or separate as it deems just and equitable after consideration  of the following factors:

1. The respective merits of the parties;
2. The relative  abilities of the parties;
3. The condition in which each party will be  left by the divorce;
4. The burdens imposed upon either party for the  benefit of any children of the marriage, and;
5. All other circumstances  of the case. 580-47

Child Custody

The court may award custody of any  children of the marriage to either party, based upon the best interests of the  child. Factors the court will consider in awarding custody include;

1. The wishes of the child;
2. Any reports ordered by the  court prepared by investigators or other professionals;
3. The relevant  testimony of anyone with insight as to the child's best interests. 571-46

Child support

Either or both of the parties may be  ordered to pay child support as the court deems just and equitable after  consideration of the following factors:

1. The respective merits of the parties;
2. The relative  abilities of the parties;
3. The condition in which each party will be  left by the divorce;
4. The burdens imposed upon either party for the  benefit of any children of the marriage, and;
5. All other circumstances  of the case.

Hawaii has enacted child support guidelines which establish the presumptive  correct amount of child support to be paid. In determining the amount of child  support to be paid, the court may also consider:

1. All earnings, income and resources of both parents;
2.  The earning potential, reasonable necessities, and borrowing capacity of each  parent;
3. The needs of the child;
4. The amount of public  assistance which would be paid under the full standard of need established by  the department;
5. The existence of other dependents of the obligor  parent;
6. Incentives to encourage both parents to work;
7. The  balance of the standard of living of each parent, and;
8. Extreme and  inequitable changes in either parent's income due to custody arrangements.  576D-7

Name change

Upon request, the court may include in the  decree that a party may resume use of a former or maiden name. 574-5