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equitable distributionNo-Fault and Fault

Divorce in Hawaii

Hawaii allows both no-fault and fault-based grounds for divorce. The state uses equitable distribution for property division and requires at least one spouse to have been a Hawaii resident for six months. Hawaii refers to divorce as a 'dissolution of marriage.'

Quick Facts

Residency Requirement

6 months residency required

Waiting Period

None specified

Filing Fee

$200-$300

Property Division

equitable distribution

Grounds for Divorce

  • β€’Irretrievable breakdown
  • β€’Separation for 2 years
  • β€’Adultery
  • β€’Desertion

Key Facts

  • β˜…Hawaii uses the term 'dissolution of marriage' instead of divorce
  • β˜…At least one spouse must have resided in Hawaii for 6 months
  • β˜…Property is divided by equitable distribution
  • β˜…Hawaii has no mandatory waiting period after filing
  • β˜…Mediation is encouraged for disputes involving children

Child Custody

Hawaii courts determine custody based on the best interests of the child. The state encourages joint custody arrangements and considers the child's wishes, each parent's ability to cooperate, and any history of family violence.

Alimony / Spousal Support

Hawaii courts may award spousal support based on the financial needs of one spouse and the ability of the other to pay. The court considers the standard of living established during the marriage, the duration of the marriage, and each party's resources.

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FAQs

Common questions about divorce in Hawaii

Hawaii does not have a mandatory waiting period after filing for divorce. However, the process itself takes time for service, response, and court scheduling. An uncontested divorce may be finalized in a few months.

Hawaii uses equitable distribution, meaning marital property is divided fairly based on factors like each spouse's contributions, the length of the marriage, and each party's financial situation. The division may not be exactly 50/50.

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