Divorce Law Basics in the State of Hawaii

Statutes: Hawaii State Divorce Code (Volume 12, Chapter 580): capitol.hawaii.gov

No-Fault Grounds:

• Irretreivable breakdown
• The parties have lived apart under a decree of legal separation and the decree has expired without any reconciliation
• The parties have lived apart for at least two years under a decree of separate maintenance without any reconciliation
• The parties have lived apart for at least two years and it would not be oppressive to the defendant to grant a divorce at the request of the plaintiff

At-Fault Grounds: Hawaii has no at-fault grounds for divorce

Residency: Either party must have been a resident continuously for 6 months or more prior to filing.

Legal Separation Recognized? Yes. Two years required; alimony may be ordered during the separation.

Counseling Requirements: Parenting classes are ordered in cases involving minor children.

Property Distribution : Hawaii relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner” if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.

Alimony : Alimony may be awarded to either party and is at the discretion of the judge. Fault is not a consideration.

Also See:

• Hawaii Marriage Laws