Hawaii Divorce Law Residency Requirements for Divorce in Hawaii

The spouse filing for divorce must have been present in Hawaii for 3 months. However, a final divorce will not be granted unless 1 spouse has been a resident for 6 months. The divorce should be filed in either: (1) the judicial district where the plaintiff resides or (2) the judicial district where the spouses last lived together.
[Hawaii Revised Statutes; Title 580, Chapter 1].

Legal Grounds for Divorce in Hawaii
 

  1. No Fault Divorce:
    1. Irretrievable breakdown of the marriage
    2. Living separate and apart without cohabitation for 2 years and it would not be harsh or oppressive to the defendant spouse to grant the divorce
    [Hawaii Revised Statutes; Title 580, Chapter 41].
  2. General Divorce: Legal separation and there has been no reconciliation.
    [Hawaii Revised Statutes; Title 580, Chapter 41].

Legal Separation in Hawaii
The spouse filing for separation must have been a resident for 3 months. Temporary legal separation may be granted for up to 2 years on the grounds that the marriage is temporarily disrupted.
[Hawaii Revised Statutes; Title 580, Sections 1 and 71].

Simplified/Special Divorce Procedures in Hawaii
The "irretrievable breakdown of the marriage" may be shown by both spouses stating so in an affidavit or by 1 spouse stating so in an affidavit and the other spouse not denying it. The court, in such cases, may waive a hearing in uncontested divorces and grant the divorce based on the affidavit.
[Hawaii Revised Statutes; Title 580, Section 42].

Divorce Mediation or Counseling Requirements
If 1 of the spouses denies that there has been an irretrievable breakdown of the marriage, the court may delay the proceedings for 60 days and advise the spouses to seek counseling.
[Hawaii Revised Statutes; Title 580, Chapter 42].

Divorce Property Distribution
Hawaii is an "equitable distribution" state. The court will distribute all of the spouse's property, including the community, joint, and separate property, in a just and equitable manner, based on the following factors:

1. The burdens imposed upon either spouse for the benefit of the children
2. The position each spouse will be left in after the divorce
3. The relative abilities of the spouses
4. The respective merits of the spouses
5. All other circumstances

[Hawaii Revised Statutes; Title 580, Chapter 47].

Alimony and Spousal Support
The court may award either spouse maintenance, for either an indefinite period or a specific period to allow the receiving spouse to become self-supporting. Marital misconduct is not a factor to be considered. The factors to be considered are:

1. The standard of living established during the marriage
2. The duration of the marriage
3. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
4. The ability of the spouse seeking maintenance to meet his or her needs independently
5. The comparative financial resources of the spouses
6. The needs of each spouse
7. The age of the spouses
8. The physical and emotional conditions of the spouses
9. The usual occupation of the spouses during the marriage
10. The vocational skills and employability of the spouse seeking support and maintenance
11. The probable duration of the need of the spouse seeking support and maintenance
12. Tny custodial and child support responsibilities
13. The ability of the spouse from whom support is sought to meet his or her own needs while meeting the needs of the party seeking support
14. Other factors which measure the financial condition in which the spouses will be left as a result of the divorce
15. Any other factor which measures the financial condition in which the spouses will be left in as a result of any award of maintenance

[Hawaii Revised Statutes; Title 580, Chapter 47].

Spouse's Name After Divorce
If requested, the wife may resume the use of her maiden name.
[Hawaii Revised Statutes; Title 574, Chapter 5(a)2(B)].

Child Custody After Divorce
Joint or sole child custody may be awarded to either or both of the parents or another person based on the best interests of the child and upon the wishes of the child, if the child is of sufficient age and capacity to form an intelligent choice. Joint custody will be allowed if it can be arranged to assure the child of continuing contact with both parents. The court may order a child custody investigation and report. Grandparents may be awarded visitation. Family violence committed by a parent raises the presumption that it is not in the best interests of the child for that parent to have any custody. There are no other specific factors for consideration set out in the statute.
[Hawaii Revised Statutes; Title 571, Chapter 46].

Child Support After Divorce
The court may order either or both parents to provide child support in a just and equitable manner. Factors to be considered are:

1. All earnings, income, and resources of the parents
2. The earning potential, reasonable necessities, and borrowing capacity of the parents
3. The needs of the child
4. The full amount of public aid the child would receive without any child support
5. Any other dependents of the parents
6. Incentives for both parents to work
7. An attempt to balance the standard of living of the parents and avoid placing any parent below poverty level
8. To avoid any extreme changes in either parent's income
9. If a parent with school-age children is able to work and does not, 30 hours of minimum wage income will be added to that parent's presumed income

There are official Child Support Guidelines set out in the statute.
[Hawaii Revised Statutes; Title 576D, Chapter 7 and Title 580, Chapter 47].

Continue to Idaho Divorce Laws
 
Resource Article:

Credible Data in Child Custody and Access Disputes
By Gary Direnfeld, MSW, RSW

Credible Data in Custody and Access Disputes

Many persons start with the premise that if you tell your story often enough, it must be true. Hence in bolstering child custody and access claims, some parties and lawyers run about gathering as many affidavits and one-sided opinions as possible. Trouble is, most are not worth the paper they are printed on. Even reports from expert sources may not be credible if the data is derived from a single source.

Parties subject to child custody and access disputes are by nature of the situation, vulnerable. It often happens that parties subject to child custody and access disputes engage others by sharing with them the nature of the dispute and their hypothesis underlying the behavior of the other party. They fear a loss of their relationship to the children as they had envisioned it. They are often feeling desperate in this concern and hence are prone to present their situation in a way that favors themselves over the other party. It may be that they are innocently venting their upset or consternation, or it may be that they are trying to induct others to their version of events to curry support of their position. In any event, the listener, be it family, friend or professional is only privy to a one-sided account. Typically the account provided is emotionally laden and hence the listener is prone to accept the party’s version on face value. In the case of counselors, it is generally their role to provide support and hence they may not be prone to challenge a person’s version of events.

In the face of an emotional account of wrongdoing, many persons, professional and otherwise, are moved to action to help correct a perceived injustice. However, in the absence of verifying data or at least contrasting it with input from the other side, the injustice at risk is justice itself.

Experienced assessors are well aware of the above dynamics and that is why, by standards of practice, they are prohibited from forming a final opinion on the basis of a one-sided account or data derived or traceable to a single source. Data derived from or traceable to a single source occurs when one party sees a number of counselors, doctors or the like, tell their story and then receive letters of support from those professional sources, but based solely upon the one-sided account. No matter how reliable the professional, the data remains one-sided and hence may not accurately reflect the situation.

Credible data is that which the assessor has tested. Strategies for testing include obtaining data from multiple sources, discussing and contrasting the data with the parties and at times confronting the parties on their version of events in view of conflicting data.

The value of credible data is that it can help the parties and courts achieve a more appropriate resolution to the child custody and access dispute. Credible data may confirm the presence or absence of abuse claims as well as any other positions or hypothesis put forward by the respective parties.

The risk of gathering one-sided data is that it and the process may contribute to an escalation in the dispute as now each side feels compelled to out-do the other in the race to amass support. Further, the process almost requires each side to escalate their positions and claims so as to restore balance to the perceived injustice each brings about to the other.

Credible data as obtained by an experienced assessor through an appropriate process has the advantage of clarifying issues and facilitating a reasonable resolution. Discreditable data collection runs the risk of escalating conflict and undermining an appropriate resolution and can also undermine the well-being of children subject to the custody and access dispute.

Before you run around gathering affidavits and reports, at least remember this: A reasonable assessor can tell the difference between credible and discreditable data and will have concern about a party whose allegations are unfounded or exaggerated.
 
 

Divorce Terms:

Abandonment. See Desertion

Abduction (of Child). See Parental Kidnapping

Abuse. See Cruel and Abusive Treatment

Abuse Prevention. See Restraining Order

Action; Actionable. See Cause of Action

Admissible; Admissibility. Any testimony, document, or demonstrative material that is officially considered by the court, i.e., allowed into evidence, generally in compliance with the rules of evidence.

Adultery. Sexual intercourse between a married person and a third party.

Courts once used adultery, once the sole ground for divorce in some jurisdictions, to punish the guilty. Today courts are more interested in the economic impact of adultery, if any, on the marital estate. How much money was spent on the mistress Think of judges as accountants who want full disclosure and financial accounting for improperly spent funds.

Affidavit. A written statement, voluntarily signed under oath, usually in support of a motion.

Be careful that you have personal knowledge of all matters asserted, or else it can and will be used against you in a court of law. If there is any doubt whatsoever, but you still believe something is true, say Based on information and belief....

Agreement; Separation Agreement; Property Settlement Agreement; Marital Agreement. A legally enforceable, spousal contract settling all matters.

Generally not referred to as a divorce agreement since only the court can grant a divorce. If the parties fail to reach an agreement, the case goes to trial, and the courts decision and judgment is substituted. Courts judgments are modifiable based on a material change in circumstances. An agreement may be either modifiable or unmodifiable (surviving). Typically, these agreements settle issues relating to:

1. Asset and liability division

2. Alimony, health, and life insurance

3. Legal and physical custody, child support, visitation, medical insurance and expenses, and college.

Alienation of Affection. Any intentional, malicious interference with a marital relationship.

Historically, the aggrieved spouse could bring an action against the third party wrongdoer, without filing for divorce. These suits are now rare, however, and are prohibited in some states. Today courts will entertain fault divorces making the co-respondent a defendant in the action, but such defendants are generally not liable financially for their adultery.

Alimony. Court-ordered spousal support, usually periodic payments, but sometimes paid in a lump sum as part of a marital agreement (alimony buyout).

More modern terms include maintenance and spousal support. Payments are tax deductible to the payor and includable in the payees taxable income. Similarly situated parties are treated dissimilarly when the only difference is gender. Most courts are sympathetic to women, especially in long-term marriages or when the husband has a high income or greater resources. In their zeal to protect women, some courts favor wives despite their economic equality.

See Rehabilitative Alimony and Temporary Support.

Alimony Pendente. See Temporary Support

Annulment. The court's judgment that a so-called marriage was never legally valid or became invalid after the marriage.

Where a marriage was never legally consummated, for instance if one party was already married, the marriage is said to be void, or a nullity, i.e., it never existed. In contrast, a voidable marriage is valid unless, or until, annulled. Grounds for annulling a void able marriage include serious fraud or a party's legal incompetence at the time of marriage. Most annulments are obtained for religious reasons through a religious tribunal.

Answer to Complaint (Petition) and Counterclaim. A responsive pleading that answers allegations made in the complaint. A counterclaim sets forth the defendant's allegations against the plaintiff, as if the defendant were asking for a divorce in the first instance. The defendant is sometimes called the plaintiff-in-counterclaim since he makes his initial claim in this pleading.

Defendants must file an answer and counterclaim within a certain time of being served with process, usually 20 days. The plaintiff, in turn, must file an answer to counterclaim.

Antenuptial Agreement. See Prenuptial Agreement

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This website is not intended to give legal advice or service.
It is an informational website and should only be used as such.
For legal issues seek a competent legal counsel or advisor. A man that represents himself has a fool for a client.



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