Filing For Divorce in Hawaii

• Your marriage is irretrievably broken, meaning there is no hope of getting back together.
• You and your spouse have lived apart for the length of time specified in a “decree of separation from bed and board” (a legal separation), and you still haven’t reconciled.
• You and your spouse have lived apart for more than two years under a “decree of separate maintenance” (a legal separation that calls for one spouse to help support the other), and you still haven’t reconciled.
• You and your spouse have lived apart for at least two years before filing, there’s no chance you’re going to move back in together, and the court doesn’t find any reason why you shouldn’t get divorced.  

• You and your spouse’s characters and conduct.
• You and your spouse’s earning abilities.
• What kind of financial condition you and your spouse will be in after the divorce.
• What obligations you or your spouse might have in taking care of your children.
• Any other circumstances the court decides are relevant. 

5. Does Hawaii require mediation before a divorce is granted?  
Mediation is not routinely required for a divorce in Hawaii, though the court may order you to seek mediation to resolve custody, visitation or support issues for your children.  

6. How does the state determine child custody?  
Legal custody and physical custody are two different things. Legal custody outlines how involved each parent is in the major decisions of a child’s life—where a child goes to school, what faith he or she is raised in and other biggies.  

Physical custody addresses where a child will live and with whom. Visitation is then negotiated based your physical custody arrangement.  

The court’s decisions about custody are based on the best interest of your child. This might mean custody is awarded to you, to your spouse, to both of you or even to someone else, if the court finds that in your child’s best interest. Your child’s wishes will be a part of that decision, if the court thinks your child is mature enough to have a preference.  

The court also may seek expert testimony to determine what is best for the physical, mental, moral and spiritual well-being of your child. If there is evidence that you or your spouse has a history of family violence, it is assumed that it would not be in your child’s best interest for that parent to have sole custody, joint legal custody or joint physical custody.