Hawaii Divorce Laws and Resources
The following information is a resource on Hawaii divorce law and other information related to getting a divorce specific in this state. You can find divorce professionals, forms, support, and state laws. In addition to the resources listed below, you can find more help and information in our divorce article section.
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ProfessionalsDivorce LawyersDivorce & Parenting Services Private Investigators Background Checks Divorce SupportSupport GroupsDomestic ViolenceShelters and Hotlines |
Divorce PapersDivorce and Separation FormsOnline Divorce Divorce Form Preparation QDRO Preparation Family Law ResourcesDivorce LawsChild Support Guidelines Hawaii Child Support Calculator Child Support Enforcement Agency |
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DIVORCE LAWYERS AND FIRMS
Need a Divorce Lawyer?
LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free &
Confidential. You can post you legal issues with Legal Match and receive a reply from
qualified attorneys who can handle your case. Legal Match is a good
directory that empowers consumers to locate and thoroughly review the
experience, availability and price of pre-screened attorneys before deciding
whom to contact.
DIVORCE AND PARENTING SERVICES
Center for Divorce Education
1005 East State Street, Suite G
Athens, OH 45701
Phone: 740-594-2526
Email:
Online parenting education to keep children out of the middle of divorce.
Christian Divorce Services
1217 Hilltop Ave
Fayetteville, NC 28305
Phone: 614-774-3766
Email:
We have locations in every state. When reconciliation has failed, we provide Christian legal alternatives consistent with 1Cor 6: 1-8. Please Contact Michael Wayland at our central office for a referral to a local office.
DIVORCE FORM PREPARATION
Have All of Your Documents Completed For You! This easy to use, accurate, and up-to-date on-line divorce service is a perfect "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Hawaii. You can get "Real Person" customer support by phone & e-mail, plus access to 40 downloadable books (valued at over $750). Start your Hawaii divorce forms today.
QDRO PREPARATION
QdroDesk - is an industry proven online service providing divorcing spouses with an instant, easy, accurate, and affordable method for obtaining Qualified Domestic Relations Orders (QDROs), the appropriate settlement agreement language, and processing instructions to divide a retirement account upon divorce. The service is a result that only 45 years of combined QDRO experience can provide. When combining this expertise with a smart question and answer technology, QdroDesk has easily become the ideal solution for QDRO preparation.
PRIVATE INVESTIGATORS
There are currently no private investigators for this state
BACKGROUND CHECKS
DIVORCE SUPPORT GROUPS
Divorce Care can help you locate a divorce support group in your area. There are thousands of DivorceCare support groups throughout the USA and Canada, and many groups meeting internationally as well.
Partners in Prevention provides consulting and psychological services to
domestic abuse survivors before, during and post divorce. Additionally, we serve
as consulting experts in both civil and criminal domestic violence cases. We
also offer continuing medical and nursing education in domestic abuse assessment
and clinical management to healthcare professionals. You can contact us at:
13918 E. Mississippi Ave
Aurora, CO 80012
Phone: 720-222-1058
DOMESTIC VIOLENCE RESOURCES
Domestic Violence Crisis and Support ServicesShelters, Hotlines, and Assistance
State Coalition Against Domestic Violence - Hawaii Chapter
HAWAII DIVORCE LAW
General Divorce Information from LawHelpDivorce Statutes - You can then look up the full text of each statute here.
RESIDENCY REQUIREMENTS AND WHERE TO FILE: A person needs to be physically present in Hawaii for a continuous period of at least three months before filing for an annulment, divorce or separation. No absolute divorce from the bond of matrimony shall be granted for any cause unless either party to the marriage has been domiciled or has been physically present in the State for a continuous period of at least six months next preceding the application therefor. The petition should be filed with the family court of the circuit in which the applicant has been domiciled. [Based on Hawaii Revised Statutes 580-1]
LEGAL GROUNDS FOR DIVORCE: A divorce may be granted on the following grounds:
- The marriage is irretrievably broken;
- The parties have lived separate and apart under a decree of separation, the term of separation has expired, and no reconciliation has been effected;
- The parties have lived separate and apart for a period of two years or more under a decree of separate maintenance entered by any court of competent jurisdiction, and no reconciliation has been effected; or
- The parties have lived separate and apart for a continuous period of two years or more immediately preceding the application, there is no reasonable likelihood that cohabitation will be resumed, and the court is satisfied that, in the particular circumstances of the case, it would not be harsh and oppressive to the defendant or contrary to the public interest to a divorce on this ground on the complaint of the plaintiff. [Based on Hawaii Revised Statutes 580-41]
LEGAL SEPARATION: The family court may decree a separation from bed and board for a period not to exceed two years in any matrimonial action upon a petition for separation when the court finds the marriage is temporarily disrupted. The court may make such further decree for the support and maintenance of either spouse and for the support, maintenance, and education of minor children, by either spouse, or out of the property of either spouse, as may appear just and proper. [Based on Hawaii Revised Statutes 580-71 and 580-74]
MEDIATION OR COUNSELING REQUIREMENTS: In any action involving the custody or visitation of a minor child, the court may order any party and the minor child, as needed, to attend counseling, parenting classes or any other type of educational activity, as the court deems appropriate to meet the best interests of the child. [Based on Hawaii Revised Statutes 571-46.2]
PROPERTY DISTRIBUTION: Hawaii is an equitable distribution state, meaning that if the parties can't agree, the property will be distributed in an equitable fashion, not necessarily equally. In making these further orders, the court shall take into consideration: the respective merits of the parties, the relative abilities of the parties, the condition in which each party will be left by the divorce, the burdens imposed upon either party for the benefit of the children of the parties, and all other circumstances of the case. [Based on Hawaii Revised Statutes 580-47]
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ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Either spouse may be ordered
to pay spousal support. In addition to any other relevant factors
considered, the court, in ordering spousal support and maintenance, shall
consider the following factors:
- Financial resources of the parties;
- Ability of the party seeking support and maintenance to meet his or her needs independently;
- Duration of the marriage;
- Standard of living established during the marriage;
- Age of the parties;
- Physical and emotional condition of the parties;
- Usual occupation of the parties during the marriage;
- Vocational skills and employability of the party seeking support and maintenance;
- Needs of the parties;
- Custodial and child support responsibilities;
- Ability of the party from whom support and maintenance is sought to meet his or her own needs while meeting the needs of the party seeking support and maintenance;
- Other factors which measure the financial condition in which the parties will be left as the result of the action under which the determination of maintenance is made; and
- Probable duration of the need of the party seeking support and maintenance.
The court may order support and maintenance to a party for an indefinite period or until further order of the court; support and maintenance may be ordered for a period sufficient to allow completion of the training, education, skills, or other activity, and shall allow, in addition, sufficient time for the party to secure appropriate employment. [Based on Hawaii Revised Statutes 580-47]
SPOUSE'S NAME: Either party to the divorce proceeding may request to resume the middle name or names and the last name used by the party prior to the marriage or a middle name or names and last name declared and used during any prior marriage and the court shall include the change of names in the divorce decree. [Based on Hawaii Revised Statutes 574-5]
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CHILD CUSTODY LAWS IN HAWAII: In awarding the custody, the court
shall be guided by the following standards, considerations, and procedures:
- Custody may be awarded to either parent or to both parents according to the best interests of the child.
- Custody may be awarded to persons other than the father or mother whenever the award serves the best interest of the child.
- If a child is of sufficient age and capacity to reason, so as to form an intelligent preference, the child's wishes as to custody shall be considered and be given due weight by the court;
- Whenever good cause appears therefor, the court may require an investigation and report concerning the care, welfare, and custody of any minor child of the parties.
- The court may hear the testimony of any person or expert, produced by any party or upon the court's own motion, whose skill, insight, knowledge, or experience is such that the person's or expert's testimony is relevant to a just and reasonable determination of what is for the best physical, mental, moral, and spiritual well-being of the child whose custody is at issue;
- In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that family violence has been committed by a parent raises a rebuttable presumption that it is detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of family violence. [Based on Hawaii Revised Statutes 571-46]
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CHILD SUPPORT: In establishing the amounts of child support, the
court shall use the guidelines established under section 576D-7. The guidelines
may include consideration of the following:
- All earnings, income, and resources of both parents; provided that earnings be the net amount, after deductions for taxes, and social security. Overtime and cost of living allowance may be deducted where appropriate;
- The earning potential, reasonable necessities, and borrowing capacity of both parents;
- The needs of the child for whom support is sought;
- The amount of public assistance which would be paid for the child under the full standard of need as established by the department;
- The existence of other dependents of the obligor parent;
- To foster incentives for both parents to work;
- To balance the standard of living of both parents and child and avoid placing any below the poverty level whenever possible;
- To avoid extreme and inequitable changes in either parent's income depending on custody; and
- If any obligee parent (with a school age child or children in school), who is mentally and physically able to work, remains at home and does not work, thirty (or less) hours of weekly earnings at the minimum wage may be imputed to that parent's income. [Based on Hawaii Revised Statutes 576D-7 and 580-47]