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Hawaii Divorce Law

Divorce Laws in Hawaii

According to Hawaii divorce laws, you do not need to prove grounds in order to receive a divorce. Under this concept, you may state that there is an irretrievable breakdown of the marriage shown by living separate and apart for two years. This is known as a no-fault divorce. Additionally, one of the spouses must have resided in Hawaii for six months prior to filing the complaint for divorce in HI.

Alimony & Equitable Distribution in Hawaii

Hawaii is known as an equitable distribution state. According to the divorce laws in Hawaii this means that all property, whether marital or separate, must be divided fairly or equitably, but not necessarily equally, regardless of title held.

Maintenance, also known as alimony, can be awarded to either the husband or wife for an indefinite period or for rehabilitative reasons. Such factors as the length of the marriage and the prior standard of living shall be considered in determining the amount and duration to be paid.

Hawaii Child Support and Child Custody

The main focus in determining child custody, according to Hawaii divorce law, is the best interest of the children. However, under HI divorce laws, if a child is old enough to voice his opinions and preferences for custody they will be taken into consideration. Visitation rights are typically awarded to the non custodial parent when it is presumed to be in the best interest of the child.

Child support (a percentage of the non-custodial parentsí income paid to assist with the support of his children) is determined by the Melson Formula, based on net income and number of dependants as set forth by divorce law in Hawaii.

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