Hawaii Divorce

RESIDENCY REQUIREMENTS

In order to file for divorce in the State of Hawaii, the spouse filing for divorce must have lived in the state for three months. The divorce cannot be finalized until at least one spouse resided in the state for at least six months.

GROUNDS

Hawaii recognizes no-fault grounds for divorce. An irretrievable breakdown of the marriage, living separate and apart without cohabitation for two years or legal separation without reconciliation are all grounds for no-fault divorce in the State of Hawaii.

CHILD CUSTODY

Custody is awarded based upon preserving the best interests of the child, and can be awarded to one or both parents accordingly. Having legal custody in Hawaii entitles the parent to have input into the important decisions concerning the child's development. Typically, both parents are granted joint legal custody, with one parent as the primary residential (physical) custodian. It is possible, however, to have joint residential custody agreed upon or awarded by the court. Depending upon his or her level of maturity, the child's wishes concerning custody shall be given due weight by the court.

CHILD SUPPORT

Hawaii’s child support guidelines apply in virtually every case, unless exceptional circumstances are present. Both parties’ gross incomes and certain child related expenses are considered when calculating child. The child support will continue until the child reaches eighteen years of age, and may extend through his or her secondary education.

VENUE

The divorce should be filed with the Family Court of the circuit in which the applicant has resided for at least a three-month period.

MEDIATION

The Center for Alternative Dispute Resolution shall facilitate the voluntary resolution of disputes. The parties may also opt for private mediation, which can be initiated at any time, before or after a divorce is filed.

FILING FEES

Court filing fees are in addition to the cost of using CompleteCase.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.

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