Divorce Laws
Alimony
When awarding alimony, the court will take the following factors into consideration:[1]
- The financial resources of each spouse;
- The ability of the spouse seeking alimony to meet their needs independently;
- The length of the marriage;
- The living standard established while married;
- The age of each spouse;
- The emotional and physical state of each spouse;
- The usual occupation of each spouse while married;
- The employability and vocational skills of the spouse seeking alimony;
- The needs of each spouse;
- The child care and child support responsibilities of each spouse;
- Whether the spouse from whom alimony is sought can meet their needs while supporting the other spouse;
- The financial condition in which each spouse will be left after a determination for alimony is made by the court; and
- The estimated duration that alimony will be needed by the spouse seeking support.
Alimony Calculator – calculators.law
Child Support
A spouse’s child support obligations will be determined based on these guidelines.[2]
Child Support Calculator – www.alllaw.com
Division of Property
Grounds for Divorce
In granting a divorce, a judge must find that one (1) or more of the following grounds have been met:[4]
- The marriage has irretrievably broken down;
- The spouses have separated and lived apart under a decree of legal separation (known as “from bed and board”), the separation term has expired, and the spouses haven’t reconciled;
- The spouses have separated and lived apart for two (2) or more years under a decree of separate maintenance, and the spouses haven’t reconciled; or
- The spouses have separated and lived apart continuously for two (2) or more years before filing for divorce, it is unlikely that cohabitation will resume, the divorce would not be oppressive or harsh to the spouse from whom divorce is sought, and the divorce would not oppose public interest.
Interim Support
After a divorce has been filed, the court may award either spouse temporary support while the case is pending.[5]
Residency
How to File for Divorce in Hawaii (3 steps)
1. Determine Where to File for Divorce
Your divorce paperwork must be filed with the Family Court. However, which specific court you file with is determined by which island you live on:
2. Select the Proper Paperwork
The paperwork needed to file for divorce in Hawaii depends on where the case is filed and whether the couple has any minor children. Individuals may select from the links below to gain access to the requisite divorce documents and instructions about the proper filing procedures for their judicial circuit.