Divorce Laws of the State of Hawaii 

(written by Mr. Sudhir Shah and Miss Sonam Bohra) 

 

1) Hawaii Revised Statutes is the statute governing the provisions of divorce in the state of Hawaii. In the chapter number 580, Part lll the provisions relating to Divorce are mentioned.

 

2) The petition for dissolution of marriage has to be filed in the Family Court.

 

3) Residency Requirements: To be eligible to file a divorce petition with the Family Court of the state, the following requirements have to be fulfilled:

  • either party has been domiciled in the state; or
  • has been physically present in the State for a continuous period of at least six months preceding the date of filing the petition. 

[Note: A person who may be residing on any military or federal base, installation, or reservation within the State or who may be present in the State under military orders shall not thereby be prohibited from meeting the requirements of the above mentioned provisions]

 

4) Provisions for Service of Summons (Service of process):

Personal Service: The personal service shall be made by the sheriff of the County where the petition is filed. The service may also be done by any authorized person. Such service is done by delivering a copy of the summons and the complaint to the defendant.

Certified or registered mail: Such method may be used under the following circumstances:

  • the defendant resides outside the state of Hawaii; or
  • where the Court is satisfied that serving the defendant personally is impracticable.

[Note: the divorce papers under the above mentioned method must be served at the last known address of the defendant]

Publication: where the defendant cannot be found the method of publication may be used. In such case the summons shall be published for 4 consecutive weeks in the local newspaper.

 

5) Grounds for divorce (No fault divorce): The state of Hawaii can be said to be no-fault divorce state. Any of the lawful grounds for divorce does not require fault to be proved on the part of any of the spouses. If any of the following grounds are fulfilled either of the spouses may file a petition for divorce:

·     the marriage is irretrievably broken;

  • the parties have lived separate and apart under a decree of separation from bed and board entered by any court of competent jurisdiction, 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.

 

6) Default Divorce: If the respondent fails to file a reply to the divorce papers he is said to be default. The defendant has total 20 days from the date of receipt of divorce papers. If within these days he does not file a response then the Court may grant divorce to the filing spouse. However this can happen only when the defendant is properly served with the divorce papers. This is so, since the Court acquires personal jurisdiction over the defendant only when he is served with the papers correctly.

 

7) Alimony Factors: The Court considers the following points in determining the amount of alimony:

  • financial resources of the parties;
  • ability of the party seeking support and maintenance to meet his or her needs independently;
  • duration of the marriage;
  • standard of living established during the marriage;
  • age of the parties;
  • physical and emotional condition of the parties;
  • usual occupation of the parties during the marriage;
  • vocational skills and employability of the party seeking support and maintenance;
  • needs of the parties;
  • custodial and child support responsibilities;
  • 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;
  • 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
  • probable duration of the need of the party seeking support and maintenance.

[Note: the remarriage of either party shall terminate the duty to pay or receive any amount of alimony. In case of remarriage the remarrying party has to inform the Court of the fact of remarriage]

 

8) Property Division Factors: The following points are considered by the Court while dividing the marital property:

  • 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.

 

9) Child Custody: The custody of the children shall be determined on the basis of law and justice. However the Court shall consider the best interest of the child in case of child custody.

 

10) Child Support: The most current Child Support Guidelines shall be used to calculate the amount of the child support obligation. The law also provides for the establishment of Child Support Enforcement Agency for the purpose of determining the amount of child support. The Family Court consults the said agency in establishing the child support guidelines in a particular case. Such guidelines may include any of the following factors:

  • all earnings, income, and resources of both parents;
  • the earning potential, reasonable necessities, and borrowing capacity of both parents;
  • the needs of the child;
  • the amount of public assistance which would be paid for the child;
  • the existence of other dependents of the obligor parent;
  • to foster incentives for both parents to work;
  • to balance the standard of living of both parents and child and avoid placing any below the poverty level whenever possible;
  • to avoid extreme and inequitable changes in either parent's income depending on custody; and
  • 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.

The parent having the custody of the child has a right to file a petition with the Family Court for any modification in the amount of child support. However the said parent cannot do so more than once every 3 years.

 

GLOSSARY OF TERMS 

  1. ACCEPTANCE OF SERVICE: This is a paper the Respondent can sign to acknowledge (admit) that he or she has received a copy of the divorce Petition and Original Notice from the Petitioner.
  1. ADULTERY: It is voluntary sexual intercourse between a married person and one who is not his or her spouse.
  1. ALIMONY: the amount of money that one spouse is ordered by the Court to pay to the other spouse. It is also called as spousal support.
  1. ANSWER: The Respondent uses this paper to respond to what the Petitioner – the Respondent’s spouse – asks for in the Petition.
  1. COMPLAINT: the legal paper that starts a case.
  1. DECREE OF DISSOLUTION OF MARRIAGE: A paper signed by the judge that ends your marriage.
  1. DEFAULT: A ruling by the court that either of the party failed to do something that was required during the divorce process.
  1. GROUNDS FOR DIVORCE:  the very basis for a divorce; the law sets out specific reasons for a divorce which have to be proven for the court to grant a divorce.
  1. PETITION: a legal paper that starts a case.
  1. PETITIONER: the person who files the petition for divorce with the Court.
  1. RESPONDENT: The person against whom the divorce case has been filed.
  1. SERVICE OF PROCESS: delivery of divorce papers upon the respondent by a person legally allowed to do so.
  1. STATUTE: A statute is a written law of a country which is enacted by its legislative authority.
  1. SUMMONS: the legal paper that indicates the other party that a legal proceeding has commenced against him. The summons also mention the date on which the recipient party is required to appear before the Court such legal proceeding.  
  1. UNCONTESTED DIVORCE:  when the defendant is not going to try to stop the divorce and there are no issues for the court to decide about the children, money, or property.