Hawaii Divorce Records

Hawaii is known for having low divorce statistics, with 116,388 persons. From these figures, 64,913 are women and the other 51,475 are men. That said the rate of divorce within the population could vary due to the fluctuating demographics and the changing social structures. Local divorce rates could also vary widely with ethnicities. In Hawaii, divorces tend to be higher in Hispanic groups compared to Japanese American or Polynesian groups.

Divorce records are presided over by the Family Court or the Office of Health Status Monitoring (OHSM, working under the Department of Health. In Hawaii, there are two main types of divorce records.

• Divorce Decrees are documents issued by the court to show the terms of the end of the marriage. The documents may demonstrate how assets will be divided, child or spousal support logistics. They may also illustrate settlement payments like alimony determinations.
• A divorce Certificate is a document that provides proof that the marriage is legally ended. It can be used for formal or administrative purposes, containing the parties' names, dates, and the courts where the divorce was finalized.

What Are the Residency Requirements for Divorce In Hawaii?

If a married couple wants to seek divorce within Hawaii, they are required to have been residents for six months before the case is filed in court. From the two, the requesting party must have been living in the circuit where it is going to be filed for a minimum of three months. If one or both of the parties are serving in the military though and have been stationed in the state for more than six months, they are eligible to seek divorce from a family court in the state.

What Are the Grounds for Divorce in Hawaii?

Hawaii accepts two categories of divorce which are fault or no-fault types.

No-Fault Divorces

In Hawaii, no-fault divorce happens when the relationship has broken down irreparably without assigning blame to either party. The most common cause for no-fault divorce is i rreconcilable differences, where every attempt to reconcile has failed. Alternatively, if spouses have lived separately for two years, it can be used as grounds for divorce. This means the marriage has ended through separation. No-fault divorces are generally faster and less contentious as they do not require wrongdoing from one or both spouses.

Fault Divorces

Fault divorces in Hawaii occur when one of the spouses proves that the other is the cause of the end of the marriage. The general reasons for fault divorces in the state include the following:

• Adultery: engaging in extramarital affairs is a cause for divorce. That said, proof of the act is required during court proceedings.
• Felony conviction: If either party is convicted of a felony and the party is currently imprisoned in specified circumstances, the other party may have reason to terminate the marriage.
• Desertion: If a spouse purposely avoids their marital responsibilities, and lives away from their spouse without good reason for over one year.
• Substance abuse: if one of the partners is addicted to substances like drugs or alcohol and this cumbersome behavior makes it unsustainable to live together as a married couple, the other can file for divorce.

How Much Does It Cost To File for Divorce in Hawaii?

In Hawaii, the filing fee for a divorce is $200 if the parties do not have children. There are other costs to consider, though, depending on the services needed and the case's complexity. These are:

• Attorney fees: the fees may depend on whether the case is contested or uncontested. Though the fees may range from $500 to $30,000.
• Mediation costs: Mediation can be scheduled by the court if it deems it necessary, but the variations in fee depend on whether the court appoints a mediator or the couple uses a private one.
• Parent Education: this is a required course especially if the parents are disputing over child custody. It may range from $50 to $100 per patient.
• Custody evaluations: If there are arguments over custody a professional evaluation may be useful. They can cost anywhere from $2,500 to $10,000.
• Document preparation services: Couples who do not require the services of a lawyer can utilize services ranging from $200 to $1,000 to prepare and file the documentation.
• Appraisal fees: These are mandatory for property division and may cost between $300 and $1,500 per appraisal.
• Process server costs: if one of the parties cannot be found, the other spouse may serve divorce papers by publication. These range from $50 to $500.
• Miscellaneous Court Costs: Spouses may account for additional fees such as motions or subpoenas, which may range from $25 to $150.

How Long Is the Waiting Period for Divorce in Hawaii?

The waiting time for a divorce proceeding depends on whether the divorce itself is being contested or not. Typically, Hawaii does not mandate a waiting period for individuals after filing the initial petition. The usual time though, from filing to the divorce decree may range from six to eight weeks.

How To File for Divorce in Hawaii?

When the parties are filing a divorce petition, they have to consider their eligibility and the divorce type. The procedural steps are similar, though regardless of whether it is a fault or no fault-based divorce. They are:

Filling the Residency Requirements

One of the parties is required to have been a current resident of the state for six months before the complaint. One or both spouses must be domiciled in the jurisdiction of the Family Court where the case is being filed.

Setting the Grounds for Divorce

The spouses can either indicate the cause of divorce as no fault due to irreconcilable differences or long-term separation or base it on fault grounds. Grounds for fault divorce may be adultery, desertion, or any other reason, as indicated in Hawaii Revised Statutes, § 580-41.

Filing the Petition

File a Complaint for Divorce form with the right Family Court. The form will require parties to indicate the grounds for divorce.

Serving the Divorce Papers

The requesting spouse will facilitate the serving of their spouse with the divorce forms and a summons. It can be done by a process server or sheriff. Once served, the spouse has 20 days to respond if they reside within the state. If the divorce is contested, additional information may be required.

Disclosure and Settlement

Both of the parties are required to disclose their finances and other appropriate information. In the case of a faulty divorce, the filing spouse will offer evidence and witnesses to support their claims.

Attend the Hearings

If the divorce is not contested, the court can issue a divorce decree. Contested divorces go through hearings or trials to decide on the problematic areas. Once the issues have been settled, the court will issue a Divorce Decree.

Are Divorce Records Public in Hawaii?

Per Hawaii Revised Statutes HRS § 92F-12, Uniform Information Practices Act, the majority of government records, including divorces, are open to the public. That said, there are exemptions for records that are not accessible to all parties. Part 13 of the statute indicates that if disclosure constitutes an unwarranted invasion of privacy, it will not be viewable. The Hawaii Family Court also restricts divorce records involving custody evaluations or financial data.

How To Get Certified Copies of a Divorce Decree in Hawaii?

Interested parties may access certified copies of divorce records using the State Department of Health's applications. Access eligibility applies to persons with a direct or tangible interest in the record. These may include the parties on the record, their parents, spouses, grandparents, grandchildren, legal guardians, legal representatives, or authorized third parties.

Requesters may also apply for the certified decree online, by mail from the State Department of Health, or in person at the Health Department Building. The fees for an accredited divorce decree are $10 per first copy. Each additional copy may cost $4. While online orders are paid via credit card, mail requests are processed by cashier's check or money order.

Divorce Settlement: Is Hawaii a 50/50 State?

Hawaii is not a 50/50 state. Rather, it is an equitable distribution jurisdiction where the family court will divide the property fairly. The state categorizes property as either pre-marital or marital. Premarital property is owned by each spouse before marriage. When they marry this becomes marital separate property. It is the discretion of the courts to divide the marital property between the spouses. They will not use this property to offset other obligations.

FAQs About Divorce Process In Hawaii

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