Hawaii Family Laws

The filing spouse must be domiciled in Hawaii on the date of filing. Hawaii no longer requires a specific minimum residency period; domicile (living in Hawaii with the intent to remain) is sufficient.

Hawaii is a no-fault divorce state. The court grants a divorce when the marriage is irretrievably broken, when parties have lived separate under a separation decree, or after 2 years of continuous separation with no likelihood of reconciliation.

Upon granting a divorce, the court may divide and distribute the estate of the parties (community, joint, or separate) as it deems just and equitable. The court considers the merits and relative abilities of the parties, the condition each will be left in, and the burdens imposed for the benefit of children.

Custody is determined by the best interests of the child, considering the child's physical, mental, moral, and spiritual well-being. The court may hear expert testimony and considers factors including each parent's relationship with the child, any history of domestic violence, and the child's adjustment to home and community.

Hawaii uses the Melson Formula to calculate child support, considering both parents' net incomes after taxes and Social Security. The guidelines account for the basic needs of the child, childcare costs, and health insurance premiums.

The court may order either party to provide support and maintenance to the other, considering the parties' respective merits, relative abilities, the standard of living established during the marriage, the duration of the marriage, and each party's earning capacity.

Victims of domestic abuse may petition the family court for a temporary restraining order and a protective order. Violations of a protective order are criminal offenses.