- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 25-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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Divorce Law Summary
Divorce is a life-changing process full of legal, financial, and emotional challenges.
Each state uses its respective legislative process to enact divorce laws. Once the legislation is passed, the divorce courts manage the divorce proceedings, including ruling on issues such as spousal support, child support payments, custodial rights of parents, and the division of community property.
Since state laws are frequently repealed and amended, it is always advisable to consult with an experienced divorce lawyer before making important decisions about your marriage.
All states allow for “no-fault” divorce. Yet many courts still factor in the respective parties’ past behavior when determining the division of marital property, debts, custody, and spousal support.
Residency Requirements
To file for a divorce in Hawaii, at least one spouse must be a state resident for six months before filing a divorce petition. You may need to provide proof of residency, including documents like a driver’s license, utility bills, or lease agreements.
Grounds for Divorce
In Hawaii, the grounds for divorce include:
- Irretrievable Breakdown of the Marriage: (No-Fault)
- Mental Illness: If one spouse has been declared mentally ill for a continuous period of time, this can be a ground for divorce.
- Adultery: Engaging in an extramarital affair can be cited as a ground for divorce.
- Abandonment: If one spouse has abandoned the other for a specified period, this can be grounds for divorce.
- Cruelty: This includes physical or emotional abuse.
Separation
When spouses live separately, either spouse may petition the court for alimony or child support without a pending divorce. The other party shall be notified of such a petition, and the judge can grant such an order to be enforced in the same manner as a divorce.
Mediation
In contested divorce cases, the judge may refer the couple to an appropriate alternative dispute resolution program, such as divorce mediation, before a trial if such a method is reasonably available.
Learn How Mediators Settle Divorce Cases:
Property Division
In Hawaii, property division in divorce is based on the principle of equitable distribution. Unlike community property states that mandate the division of marital property be divided equally,
equitable distribution divides marital property based on principles of equity and fairness.
In Hawaii, divorce courts may consider the following in determining what a fair and equitable distribution might be:
* The length of the marriage
* Each spouse’s financial situation
* Contributions to the marriage (both financial and non-financial)
* The needs of any children
* Any misconduct by either spouse (e.g., adultery)
Legal Tip
Alimony – Spousal Maintenance
In Hawaii, the amount and duration of alimony are determined based on fairness and the specific needs of both spouses.
Types of Alimony
- Temporary Alimony: Awarded during the divorce proceedings to help the lower-earning spouse meet immediate financial needs.
- Rehabilitative Alimony: Provided to support a spouse until they can gain the skills or education needed to become self-sufficient.
- Permanent Alimony: May be awarded after a long-term marriage, providing financial support indefinitely, typically until the recipient remarries or experiences a significant change in circumstances.
Factors Court Consider in Determination Alimony
- Duration of the Marriage: Longer marriages may result in longer or more substantial alimony awards.
- Financial Needs: The financial situation and needs of the spouse requesting alimony.
- Ability to Pay: The paying spouse’s financial capacity to provide support.
- Standard of Living: The lifestyle established during the marriage.
- Age and Health: Both spouses’ ages and health conditions may affect their earning capabilities.
- Contributions: Contributions made by each spouse to the marriage, including non-financial contributions such as homemaking and child-rearing.
- Educational Background: The education and employment history of both spouses.
Child Custody
When determining child custody, the court shall consider the following:
- Child’s Best Interests: The primary factor to be determined.
- Parental Involvement: The relationship between parents and their ability to provide for the child’s emotional and physical needs.
- Child’s Preferences: Depending on age and maturity, a child’s wishes may be taken into account.
- Stability: The stability of each parent’s home environment.
- History of Abuse: Any history of domestic violence or substance abuse by either parent.
- Co-parenting Ability: Willingness and ability of each parent to cooperate and communicate effectively. Any form of child alienation by one parent against the other is strongly disfavored by the court.
Child Support
In Hawaii, child support is determined based on statutory guidelines to ensure that children’s financial needs are met after a divorce or separation.
Court Consider The Following Key Factors in Determining Child Support:
Income of Both Parents: The combined gross income of both parents is a primary factor. This includes wages, bonuses, and other forms of income.
Child Support Guidelines: Hawaii uses a formula established by law that considers:
– The number of children.
– The parents’ incomes.
– The percentage of time each parent spends with the child (custodial arrangements).
– Basic Support Needs: The guidelines calculate a basic support amount, which is intended to cover essential expenses such as food, clothing, and shelter.
– Additional Expenses: Courts may also consider additional expenses, such as:
– Health insurance premiums for the child.
– Unreimbursed medical expenses.
– Childcare costs.
– Educational expenses.
– Adjustments: The court may adjust the support amount based on the child’s needs and each parent’s financial circumstances.
Legal Name Change
In all divorce actions, a party may enter a request to restore a maiden or last name. If a divorce is granted, the judgment or decree shall specify and restore the requested name in the pleadings to the party. If you do not obtain a name change during the divorce, you can always obtain it after the divorce case is over. Here is how.
Sources and References
Hawaii Child Support Guidelines
Facts About Getting Divorced in Hawaii
How To File For Divorce in Hawaii
