A Hawaii divorce, or dissolution of marriage, can be filed by either spouse to end the marital relationship. Upon completion of a Hawaii divorce, the parties are restored back to single status. The court will also issue any necessary orders for child support and custody, alimony (spousal support) and the division of community and separate assets and debts. LegalZoom can assist you in the document preparation and filing for your uncontested Hawaii divorce without the expense of an attorney.
Types of Divorce in Hawaii
Uncontested Divorce in Hawaii
If both of the parties by complaint or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or one of the parties has so stated and the other has not denied it, the court, after hearing, shall make a finding whether the marriage is irretrievably broken. The court, in its discretion, may waive a hearing on a complaint for an uncontested divorce in Hawaii and admit proof by affidavit.
Alternatives to Divorce in Hawaii
A legal separation is when the parties live separately but remain legally married to one another. 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.
An annulment is sought in order to nullify the marriage and disavow its existence, returning the parties to their prior single status, as if they never married. The family court, by a decree of nullity, may declare void the marriage contract for any of the following causes, existing at the time of the marriage:
- The parties stood in relation to each other of ancestor and descendant of any degree whatsoever, brother and sister of the half as well as the whole blood, uncle and niece, aunt and nephew, whether the relationship is the result of the issue of parents married or not married to each other;
- The parties, or either of them, had not attained the legal age of marriage;
- The husband had an undivorced wife living, or the wife had an undivorced husband living;
- One of the parties lacked the mental capacity to consent to the marriage;
- Consent to the marriage of the party applying for annulment was obtained by force, duress, or fraud, and there has been no subsequent cohabitation; and
- One of the parties was a sufferer of or afflicted with any loathsome disease and the fact was concealed from, and unknown to, the party applying for annulment.