Hawaii State Divorce Laws

Hawaii Divorce Law and Resources

Divorce laws are enacted and interpreted by each of the respective states. This means your state and local family law court determines such things as divorce case filing and pleading procedures, spousal and child support payments, custodial rights of parents and the division of community property. Since laws get amended and new ones get made with some frequency, consult with an experienced family lawyer in your county for the most current law. This person should also be knowledgeable with the local courts and jury sentiment.

RESIDENCY REQUIREMENTS:

A person needs to be physically present in Hawaii for a continuous period of at least three months before filing for an annulment, divorce or separation. No absolute divorce from the bond of matrimony shall be granted for any cause unless either party to the marriage has been domiciled or has been physically present in the State for a continuous period of at least six months next preceding the application. The petition should be filed with the family court of the circuit in which the applicant has been domiciled. [Based on Hawaii Revised Statutes 580-1]

WHEN A DIVORCE IS GRANTED:

A divorce may be granted on the following grounds:

* The marriage is irretrievably broken;

* The parties have lived separate and apart under a decree of separation, the term of separation has expired, and no reconciliation has been effected;

* The parties have lived separate and apart for a period of two years or more under a decree of separate maintenance entered by any court of competent jurisdiction, and no reconciliation has been effected; or

* The parties have lived separate and apart for a continuous period of two years or more immediately preceding the application, there is no reasonable likelihood that cohabitation will be resumed, and the court is satisfied that, in the particular circumstances of the case, it would not be harsh and oppressive to the defendant or contrary to the public interest to a divorce on this ground on the complaint of the plaintiff. [Based on Hawaii Revised Statutes 580-41]

LEGAL SEPARATION:

The family court may decree a separation from bed and board for a period not to exceed two years in any matrimonial action upon a petition for separation when the court finds the marriage is temporarily disrupted. The court may make such further decree for the support and maintenance of either spouse and for the support, maintenance, and education of minor children, by either spouse, or out of the property of either spouse, as may appear just and proper. [Based on Hawaii Revised Statutes 580-71 and 580-74]

COUNSELING REQUIREMENTS:

In any action involving the custody or visitation of a minor child, the court may order any party and the minor child, as needed, to attend counseling, parenting classes or any other type of educational activity, as the court deems appropriate to meet the best interests of the child. [Based on Hawaii Revised Statutes 571-46.2]

PROPERTY DISTRIBUTION:

Hawaii is an equitable distribution state, meaning that if the parties can’t agree, the property will be distributed in an equitable fashion, not necessarily equally. In making these further orders, the court shall take into consideration: the respective merits of the parties, the relative abilities of the parties, the condition in which each party will be left by the divorce, the burdens imposed upon either party for the benefit of the children of the parties, and all other circumstances of the case. [Based on Hawaii Revised Statutes 580-47]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT:

Either spouse may be ordered to pay spousal support. In addition to any other relevant factors considered, the court, in ordering spousal support and maintenance, shall consider the following factors:

1. Financial resources of the parties;
2. Ability of the party seeking support and maintenance to meet his or her needs independently;
3. Duration of the marriage;
4. Standard of living established during the marriage;
5. Age of the parties;
6. Physical and emotional condition of the parties;
7. Usual occupation of the parties during the marriage;
8. Vocational skills and employability of the party seeking support and maintenance;
9. Needs of the parties;
10. Custodial and child support responsibilities;
11. Ability of the party from whom support and maintenance is sought to meet his or her own needs while meeting the needs of the party seeking support and maintenance;
12. Other factors which measure the financial condition in which the parties will be left as the result of the action under which the determination of maintenance is made; and
13. Probable duration of the need of the party seeking support and maintenance.

The court may order support and maintenance to a party for an indefinite period or until further order of the court; support and maintenance may be ordered for a period sufficient to allow completion of the training, education, skills, or other activity, and shall allow, in addition, sufficient time for the party to secure appropriate employment. [Based on Hawaii Revised Statutes 580-47]

SPOUSE’S NAME:

Either party to the divorce proceeding may request to resume the middle name or names and the last name used by the party prior to the marriage or a middle name or names and last name declared and used during any prior marriage and the court shall include the change of names in the divorce decree. [Based on Hawaii Revised Statutes 574-5]

CHILD CUSTODY LAWS:

In awarding the custody, the court shall be guided by the following standards, considerations, and procedures:

Custody may be awarded to either parent or to both parents according to the best interests of the child. Custody may be awarded to persons other than the father or mother whenever the award serves the best interest of the child.

If a child is of sufficient age and capacity to reason, so as to form an intelligent preference, the child’s wishes as to custody shall be considered and be given due weight by the court;

Whenever good cause appears therefor, the court may require an investigation and report concerning the care, welfare, and custody of any minor child of the parties.

The court may hear the testimony of any person or expert, produced by any party or upon the court’s own motion, whose skill, insight, knowledge, or experience is such that the person’s or expert’s testimony is relevant to a just and reasonable

determination of what is for the best physical, mental, moral, and spiritual well-being of the child whose custody is at issue; In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that family violence has been committed by a parent raises a rebuttable presumption that it is detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of family violence. [Based on Hawaii Revised Statutes 571-46]

CHILD SUPPORT:

In establishing the amounts of child support, the court shall use the guidelines established under section 576D-7. The guidelines may include consideration of the following:

1. All earnings, income, and resources of both parents; provided that earnings be the net amount, after deductions for taxes, and social security. Overtime and cost of living allowance may be deducted where appropriate;
2. The earning potential, reasonable necessities, and borrowing capacity of both parents;
3. The needs of the child for whom support is sought;
4. The amount of public assistance which would be paid for the child under the full standard of need as established by the department;
5. The existence of other dependents of the obligor parent;
6. To foster incentives for both parents to work;
7. To balance the standard of living of both parents and child and avoid placing any below the poverty level whenever possible;
8. To avoid extreme and inequitable changes in either parent’s income depending on custody; and
9. If any obligee parent (with a school age child or children in school), who is mentally and physically able to work, remains at home and does not work, thirty (or less) hours of weekly earnings at the minimum wage may be imputed to that parent’s income. [Based on Hawaii Revised Statutes 576D-7 and 580-47]

ENFORCING CHILD SUPPORT IN THE STATE OF HAWAII – THE FEDERAL OPTION

Federal Options Enforcement (CSE) Program is a federal/state/local effort to locate parents, their employers, and/or their assets; establish paternity if necessary; and establish and enforce child support orders. The federal role is to provide funding, issue policies, ensure that federal requirements are met, and interact with other federal agencies that help support the CSE program.

How and where do I apply?

In most states, CSE offices are listed under the human services agency in the local government section of the telephone directory. If there is not a separate listing, the human services agency information operator should be able to give you the number. State CSE agencies are listed at the end of this brochure; they also can provide telephone numbers for local offices.

Call your Child Support Enforcement office to learn how to apply for enforcement services and what documents (birth certificates, financial statements, etc.) you should provide.

What are the steps to collecting support?

The first step, if a child was born out of wedlock, is to establish paternity – or make a legal determination of who fathered the child. Many men will voluntarily acknowledge paternity. Either parent can request a blood test in contested paternity cases. Your caseworker will help you to establish paternity for your child.

Establishing the obligation is the next step. The fair amount of child support that the non-custodial parent should pay is determined according to state guidelines. Your CSE office will be able to tell you how support award amounts are set in your state. Your CSE office can also request medical support for your child.

The last step is enforcement of the child support order. The CSE office can help with collecting the money due no matter where the non-custodial parent lives.

At any of these steps, the CSE office may need to know where the non-custodial parent is living or where he/she is working. When a parent has disappeared, it is usually possible for the CSE office to find him/her with the help of state agencies, such as the Department of Motor Vehicles, or the Federal Parent Locator Service.

Your caseworker can tell you what information is needed to find an absent parent or his/her employer.

The most successful way to collect child support is by direct withholding from the obligated parent’s paycheck. Most child support orders require the employer to withhold the money that is ordered for child support and send it to the CSE office.

Your Child Support Enforcement office can tell you about this procedure.

Federal and State Income Tax refunds may be withheld to collect unpaid child support. States also have laws, which allow them to use: liens on real and personal property; orders to withhold and deliver property; or seizure and sale of property with the proceeds applied to the support debt. Many states routinely report child support debts to credit bureaus and smart parents are bringing their payments current so that their credit won’t be affected.

For More Information write for the Handbook on Child Support Enforcement by contacting:

ACF OCSE National Reference Center

370 L’Enfant Promenade, S.W.

4th Floor Washington, DC 20447

(202) 401-9383

GET CURRENT WITH THE FAMILY LAW CODE FOR HAWAII:

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