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- What are the residency requirements to file for divorce in Hawai‘i?
- What are the grounds for divorce in Hawai‘i?
- What factors will a judge consider when deciding alimony?
- How long can alimony last?
- Can I leave Hawai‘i with my child, take on new debts, or sell/transfer assets after a divorce is filed?
- What are the basic steps for filing for divorce?
- Where can I find additional information about divorce?
What are the residency requirements to file for divorce in Hawai‘i?
Before you can file for divorce in Hawai‘i, you must live in the state for at least three months in a row immediately before filing.1
1 Haw. Rev. Stat. § 580-1(a)
What are the grounds for divorce in Hawai‘i?
“Grounds” are legally acceptable reasons for divorce. In order for a judge to grant you a divorce in Hawai‘i, you must prove that at least one of the following things is true:
- The marriage cannot be fixed, which the law refers to as “irretrievably broken”;
- You and your spouse have lived separate and apart with a legal separation decree (“separation from bed and board”) for the time period the judge assigned. At the end of that time, you and your spouse haven’t gotten back together (reconciled);
- The judge issued an alimony order (decree of separate maintenance) while you and your spouse were still married, and after at least two years, you and your spouse haven’t gotten back together (reconciled); or
- You and your spouse have lived apart continuously for at least two years immediately before the divorce was filed, and the judge finds that:
- it’s unlikely you and your spouse will get back together (reconcile); and
- granting a divorce in your situation is appropriate.1
1 Haw. Rev. Stat. § 580-41
What factors will a judge consider when deciding alimony?
Alimony, also called “spousal support and maintenance,” is financial support paid by one spouse to the other. If you request alimony, the judge will consider the following factors:
- the financial resources each of you have;
- how long you were married;
- the “standard of living” you and your spouse had while you were married, which might include things like what your expenses were and what kind of house you lived in;
- how old you and your spouse are;
- each spouse’s physical and emotional condition;
- any custody and child support responsibilities either of you have;
- any additional burdens either spouse takes on for the benefit of their children;
- the usual jobs each of you had during the marriage;
- the needs of both spouses;
- your vocational skills and employability;
- your ability to support yourself on your own;
- your spouse’s ability to meet his/her own financial needs while also meeting yours;
- any other factors that measure the financial situation that each of you would be in once the judge decides whether or not to grant alimony;
- the amount of time that you would likely need support;
- any money or property that was deliberately hidden from the judge by either spouse; and
- any history of violating a restraining order against the other spouse.1
1 Haw. Rev. Stat. § 580-47(a)
How long can alimony last?
The law says that an order for alimony (“spousal support and maintenance”) could last for the following lengths of time:
- for an “indefinite period” of time, which means without setting an end date;
- until “further order of the court,” which means it would last until the judge enters a new order saying that it should end; or
- for the specific amount of time the judge thinks it would take you to get enough training, education, or skills to get “appropriate employment.” That could mean:
- getting a new occupation;
- updating or expanding your existing qualifications; or
- otherwise improving your employability.1
1 Haw. Rev. Stat. § 580-47(a)
Can I leave Hawai‘i with my child, take on new debts, or sell/transfer assets after a divorce is filed?
When a person files a divorce complaint in court, an “automatic restraining order” goes into effect. The restrictions in the automatic order immediately apply to the spouse who filed the complaint. They will apply to the other spouse as soon as s/he is served with the summons and complaint.1
The automatic restraining order says that neither party can:
- remove their child from the island where the child currently lives;
- remove their child from the school that the child is currently attending;
- take on any new debts that would put a burden on the credit of the other party, unless it’s a reasonable amount of debt that is necessary for:
- living and business expenses;
- a child’s educational expenses; or
- reasonable fees and costs related to litigating the divorce case;
- change the beneficiary of any life insurance policy, pension, or retirement plan, or pension or retirement investment account, unless:
- the other spouse agreed to the change in writing; or
- the judge ordered it;
- cause the other party or a minor child to be removed from coverage under an existing insurance policy, including medical, dental, life, automobile, and disability insurance; and
- sell, transfer, hide, remove, or in any way get rid of any property that belongs to either party, except if doing so is necessary because:
- s/he has to pay reasonable living expenses or reasonable attorney’s fees and costs related to the divorce;
- it is in the “ordinary and usual course of business” to do so – in other words, it’s something that the spouse has regularly done during the marriage;
- the spouses agreed in writing that it’s okay; or
- it’s required by the judge.2
The automatic restraining order lasts until the divorce is final, unless:
- the parties agree otherwise; or
- the judge makes an order that changes its terms.3
1 Haw. Rev. Stat. § 580-10.5(a)
2 Haw. Rev. Stat. § 580-10.5(a)(1) - (a)(5)
3 Haw. Rev. Stat. § 580-10.5(e)
What are the basic steps for filing for divorce?
While divorce laws vary by state, here are the basic steps:
- Meet the residency requirements of the state where you wish to file. To see Hawai‘i’s residency requirements, go to What are the residency requirements to file for divorce in Hawai‘i?
- Have a legally acceptable reason (“grounds”) to end your marriage. To see what the legally acceptable reasons to get divorced in Hawai‘i are, go to What are the grounds for divorce in Hawai‘i?
- File divorce papers and have copies sent to your spouse. To learn more about filing a summons, preparing a petition, and serving your spouse with notice of the case, go to the Starting the Court Case page in our Preparing for Court - By Yourself section.
- If your spouse disagrees with anything in your divorce papers, s/he can file papers telling his/her side. This is called “contesting the divorce.” If your spouse contests the divorce, you will likely have to attend a series of court appearances to sort out the issues. On the other hand, if your spouse agrees with everything, this is called an “uncontested divorce.” Your spouse should then sign the papers and send them back to you or the court. However, if your spouse fails to sign the papers or file an answer or other response within the time the law requires, you may still be able to proceed with an uncontested divorce. You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce.
In a divorce case, you can also address the following issues if they are relevant to your situation:
- child custody and co-parenting;
- dividing up property, money, and debts; and
- spousal and child support.
You and your spouse may resolve these issues in an out-of-court settlement or through court hearings.
Where can I find additional information about divorce?
Hawai‘i State Judiciary provides the following resources:
- quick facts about divorce; and
- court forms specific to where you live.
Legal Aid Society of Hawai‘i has information on divorce and a brochure on divorce issues you might face if you or your spouse are in the military.
WomensLaw.org is unrelated to the above organizations and cannot vouch for the accuracy of their sites. We provide these links for your information only.
You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page. To watch brief videos about divorce in Spanish with English subtitles, go to our Videos page. You can also learn more about the court process on our Preparing for Court – By Yourself page.
