Hawaii Divorce Law

Overview of the Hawaii Divorce Procedures & Laws

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Important Hawaii Divorce Laws to File for a Divorce

Hawaii Residency Requirements For Divorce

The petitioner must have been present in the state for three months to file Hawaii divorce forms. However, the respondent or petitioner must be a resident of the state for at least six months.

Grounds For Divorce In Hawaii

Hawaii recognizes the following no-fault grounds for divorce:

  • irretrievable breakdown of the marriage;
  • living separate and apart without cohabitation for two years;
  • legal separation and there has been no reconciliation.
Hawaii Child Custody

Custody is awarded to one parent or both parents according to the best interests of the child. Hawaii recognizes legal custody as the right of a parent to have input into the important decisions concerning a child’s development. Joint legal custody is usually granted to the parents. If the child is sufficiently mature, the child’s wishes shall be considered by the court.

Hawaii Child Support Guidelines

Unless special circumstances are present, the courts calculate child support based on the official child support guidelines. Child support will continue until the child reaches adulthood, and may be extended through his or her secondary education.

Venue

Hawaii divorce papers may be filed in the respondent’s county of residence, or in the last county the parties last lived together.

Mediation

There is established within the judiciary the center for alternative dispute resolution. The center shall facilitate the effective, timely, and voluntary resolution of disputes. Private mediation is available, and it can be initiated at any time before or after a divorce is initiated.