Hawaii is a “no-fault” divorce state. This means that in order to obtain a divorce, it doesn’t matter who’s to blame for the failure of the marriage—adultery doesn’t play a role in determining whether or not a judge grants a divorce.

Secondly, Does Hawaii have a legal separation? Hawaii refers to a legal separation that includes support orders as separate maintenance. In some states, legal separation is indefinite, but in Hawaii, couples can only stay legally separated for two years. By the end of the second year, the couple must decide to reconcile or file for divorce.

Does Hawaii require separation before divorce?

Hawaii Divorce Laws: Legal Requirements at a Glance

Hawaii law assumes a no-fault stance on divorce, in which the marriage will be terminated as long as the parties have lived separate and apart for two years or have been legally separated. There are no defenses available to a divorce filing.

Similarly, Is adultery illegal in Hawaii? Hawaii is a no-fault state and adultery cannot be used as a reason to get a divorce. Also, a judge will not use adultery or any other marital misconduct when deciding things such as alimony, child support or a division of assets.

Is separation required before divorce in Hawaii?

Hawaii law assumes a no-fault stance on divorce, in which the marriage will be terminated as long as the parties have lived separate and apart for two years or have been legally separated. There are no defenses available to a divorce filing.

How much does divorce cost in Hawaii? How much does it cost to file for a divorce in Hawaii? For an uncontested divorce without children, filing fees are $215. If either party has minor children from their current marriage or any other relationship, you will need to pay an additional $50 fee for a Parenting Education class, bringing the total to $265.

Is divorce expensive in Hawaii? The typical costs for filing an uncontested divorce usually include: filing fee for the divorce (goes to the State of Hawaii — $250 if the parties have children, $200 if they do not);

What is the divorce rate in Hawaii? The marriage rate for 2019 is 16.3 per 1,000 women 15 and older, and the national divorce rate is 7.6.

Divorce Rate by State 2022.

State Divorced
Utah 9.00%
New York 9.00%
New Jersey 9.00%
Hawaii 9.00%

Is there a waiting period for divorce in Hawaii?

2. Does Hawaii have a waiting period? No, there is no waiting period in Hawaii. If you or your spouse disputes the claim that your marriage is irretrievably broken, the court may put your hearing on hold for 30 to 60 days and suggest that you seek counseling before it makes a decision.

What should you not do during separation? 5 Mistakes To Avoid During Your Separation

  • Keep it private.
  • Don’t leave the house.
  • Don’t pay more than your share.
  • Don’t jump into a rebound relationship.
  • Don’t put off the inevitable.

Is kissing adultery legally?

It is important to understand that Adultery is a crime in many jurisdictions, although it is rarely prosecuted. State law typically defines Adultery as vaginal intercourse, only. Therefore, two people seen kissing, groping, or engaged in oral sex, do not meet the legal definition of Adultery.

Is dating during separation adultery? Couples who are separated, whether informally or legally, are still married in the eyes of the law, regardless of how independent their lives have become. This means that if either spouse has a sexual relationship with another person during the separation period, they have probably committed adultery.

Are divorce records public in Hawaii?

While most records are available to the public in accordance with the 1975 Hawaii Uniform Information Practices Act, vital records, like divorce records, are deemed confidential in Hawaii. These only become public records after 75 years.

How do I get a free divorce in Hawaii?

If you are unable to afford an attorney, there are several organizations which provide legal assistance for free and/or based upon income. The Family Court of the First Circuit offers Ho`okele (also known as the Family Court Service Center), the Kapolei Access to Justice Room (KAJR), and Divorce Law in Hawaii Seminars.

Can we divorce without going to court? It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.

Is getting divorced easy? Uncontested Divorce in California. If you live in California, you have the option of a fast and relatively easy divorce. An uncontested divorce allows you to get on with your life quickly and may be a good resolution if you can agree to terms and are both willing to go through the process.

Do both parties have to agree to a divorce in Hawaii?

Yes. Hawai’i is a no fault divorce state. This means you can get a divorce even if the other person doesn’t want one. You do not have to prove that your spouse did something wrong to get the divorce.

What is the #1 cause of divorce? The most commonly reported major contributors to divorce were lack of commitment, infidelity, and conflict/arguing. The most common “final straw” reasons were infidelity, domestic violence, and substance use. More participants blamed their partners than blamed themselves for the divorce.

What is the highest divorce state?

The District of Columbia, notably, saw one of the highest marriage rates in 2019 (21.4%), as well as one of the lowest divorce rates (4.8%).

Here Are the States Where Your Marriage Won’t Last.

State DIVORCED WOMEN PER 1,000 MARRIED INDIVIDUALS
Arkansas 10.70%
Oklahoma 10.40%
Nevada 10.20%
New Mexico 10.20%

What year of marriage do most divorces happen? While there are countless divorce studies with conflicting statistics, the data points to two periods during a marriage when divorces are most common: years 1 – 2 and years 5 – 8. Of those two high-risk periods, there are two years in particular that stand out as the most common years for divorce — years 7 and 8.


Don’t forget to share this post !