Divorce in Hawaii – What You Need To Know

Like most states, filing for divorce is filled with a lots of paperwork and forms to be filled up. Proof to this is the general warning of the Hawaii family courts suggesting getting the services of legal help even for just filling up the forms and procuring of supporting documents. Before filing for divorce, it is better to have a good overview of your rights, requirements, and process. A good lawyer practicing family law (some call them divorce lawyers) will do a good job on this matter. It may be true that you can do it all yourself, but if you want to make your life easier and your costs lesser in the long run, start scouting for good legal advice.

Since Hawaii is divided into several “major” islands, family courts are also distributed per “circuit”. You’you will need to know as to which circuit you belong to. Oahu belongs to the First Circuit, Maui-Lanai-Molokai belongs to the Second Circuit, Hawaii (Hilo and Kona) belongs to the Third Circuit, and Kauai to the Fifth Circuit. You must have lived in that particular circuit for at least 3 months and you or your spouse must have lived in the state of Hawaii for at least 6 months, before you can file for divorce. Military personnel need to have been stationed in Hawaii for at least 6 months prior to the filing of divorce. There is a divorce “packet” for uncontested divorce, which you can get from the following circuit courts for free. This packet contains blank forms and instructions to help you process your divorce request.  If you have a uncomplicated divorce this will be something that you will need to look at to see if it will work for you if it does you will save a lot of money in lawyers fees and court time.

First Circuit (Oahu)
Management Services Branch of Family Court
777 Punchbowl Street, Honolulu

Second Circuit (Maui-Molokai-Lanai)
Wailuku Circuit Court
2145 Main Street, Wailuku, Hawaii’i
* for residents of Molokai and Lanai, you may call the Circuit Court in Maui and they will mail the packet to you. The Family Court judge comes to Molokai once a month and to Lanai once every 2 months.

Third Circuit (Big Island)
Hilo Circuit Court in Aupuni Street or
Kona Circuit Court in Haukapila Street

Fifth Circuit (Kauai)
Lihue Circuit Court
Umi Street

Aside from what your divorce lawyer will tell you (filing durations, process, etc.), it may be noteworthy to be aware of the consequences should you be delinquent in your obligations while the divorce or legal separation process is on-going. For example, if you choose not to pay for child and spouse support as per order of the judge, you may lose good credit standing, be refused to be granted a passport (new or renewed), and in rare cases, your eligibility for a driver’s license issuance or renewal may also be forfeited.

Filing for divorce or legal separation is no walk in the park. As previously mentioned, paperwork alone may take days to finish. So even before you or your lawyer step in the Circuit Court, organize your documents (proof of this or that). If you are legally separated and finally wants a divorce, you’you will have to wait out the mandated two years for legal separation.  For the mean time, save as much as you can and try to enjoy the ride.