Honolulu Divorce Attorney

Helping You Navigate Hawaii's Divorce Process

Unfortunately, not all marriages last a lifetime, and many do not end amicably. For some married couples, divorce is necessary for a healthier, more harmonious life. However, divorce can be stressful for both parties, especially if children are involved.

At Smith & Sturdivant, LLLC, we have guided families through this process since 2005 and are adept at handling the most challenging divorce cases competently and compassionately. If you have decided to file for divorce or need to respond to divorce papers in Hawaii, you should seek the counsel of an experienced divorce law firm as soon as possible.

Don’t wait to get the help you need. Instead, call our divorce lawyer in Honolulu, Hawaii, today for a free consultation at (808) 201-3898!

Hawaii's Divorce Laws Explained

According to the divorce laws in Hawaii, as long as one spouse believes the marriage is irretrievably broken or cannot be resolved, either spouse can file for divorce. In addition, you could get divorced in Hawaii despite being legally married in another state or country.

The following key points can help you understand the legal framework for divorce in Hawaii:

• Basic definition of divorce: In simple terms, divorce is the legal dissolution of a marriage.
• Long-term impact of terms: Unfortunately, this dissolution can have lifelong effects, so you should be cautious and thorough concerning the terms of your divorce agreement.
• Effect on finances and parenting: Once the marriage is dissolved, your financial standing and parental rights can change dramatically, so seeking the counsel of an experienced family law firm should be a top priority.
• Jurisdiction and residency requirements: Hawaii courts generally require that at least one spouse meet certain residency requirements before filing, and a divorce attorney can explain how these rules apply if you or your spouse recently moved to or from Oahu.
• Role of the family court: Most divorce cases on the island are handled through the Family Court of the First Circuit in Honolulu, which has its own procedures for filing documents, scheduling hearings, and approving settlement agreements.

At Smith & Sturdivant, LLLC, we help clients get through some of the most challenging terms that can hold up a divorce, including:

• Division of assets
• Alimony payments
• Child support
• Child custody
• Medical coverage
• Educational expenses

We’ve handled various divorce cases, including contested and uncontested divorce, for over 16 years, and our Honolulu divorce lawyers have the skills necessary to assist you today.

Other matters we can help with include the following:

• Paternity
• Adoption
• Guardianship
• Restraining Orders
• Mediation

How Long Does a Divorce Take in Hawaii?

Once you file the divorce papers, an uncontested divorce can take 30 to 90 days for a settlement to be complete.

In addition, the duration from start to finish of divorce may vary pending any issues such as agreements or disagreements, the number of cases handled by the court, and the judge’s availability to sign off on the final decree of the divorce.

A contested divorce can take up to a year to finalize, sometimes longer.

Is Hawaii a No-Fault Divorce State?

Hawaii is a "no-fault" divorce state, meaning a spouse doesn't need to prove any fault in the other spouse to get a judge to grant a divorce. Because fault is not required, couples in Honolulu and across Oahu can often focus more on practical issues such as property division, support, and parenting schedules rather than arguing over who is to blame.

Instead, a spouse must state that the marriage is "irretrievably broken" and can't salvage it. If one spouse claims this, but the other spouse disagrees, the judge might order counseling before granting a divorce. However, if both parties cannot resolve anything within 60 days, the judge will grant the divorce.

How Long Do You Have to Be Separated Before Divorce in Hawaii?

Since the law in Hawaii is a no-fault state in divorce, one party can terminate the marriage if they have lived separately and apart for two years or have legal separation.

Living separately does not always mean moving to a different island; in some situations, spouses may live under the same roof but lead separate lives while they work through financial or parenting transitions. Our divorce lawyer can help you evaluate whether your circumstances meet Hawaii’s legal definition of separation and what evidence the court may consider.

Understanding the Costs of Divorce in Hawaii

An uncontested divorce is straightforward and can be quick and inexpensive. On the other hand, a contested divorce could get expensive if you and your spouse cannot agree. You may also find that you must pay for mediation and an attorney if mediation is unsuccessful.

There are various fees you must pay to file for divorce in Hawaii. This includes filing fees (around $200), postage, photocopying, messenger/delivery, and attorney fees. You must also pay a processing fee to the individual who serves your spouse’s divorce papers. You must also pay for transportation to and from your lawyer’s office, the courthouse, and mediation sessions.

Nationally, the average cost of a divorce is around $15,000 per person, but this does vary. These include attorney fees, court costs, and hiring additional experts like real estate appraisers or accountants. Your divorce could be complex and cost this much or more, or it could be straightforward and cost much less. 

Guidance for Parents: Kids and Divorce

Difficult Questions Kids Ask About Divorce, by authors Scheider and Zuckerberg, is a handy book that provides insight into typical responses by children experiencing their parent’s divorce. This book effectively analyzes divorce from the perspective of the child.

These common patterns can guide how you respond to your child during a divorce:

• Age limits understanding: Children can only understand what their age allows.
• Difficulty expressing feelings: Children have trouble articulating their feelings.
• Fear of hard questions: Children are too frightened to ask the most painful questions.
• Parents may avoid listening: Parents may be reluctant to listen.
• Minimizing or denying feelings: When children do ask questions, parents may deny their feelings.
• Worry about upsetting parents: Children fear their questions will hurt or anger their parents.
• Lack of practice for fathers: Some fathers do not practice addressing specific problems.
• Reliance on magical thinking: Children find solace in magical thinking.

These examples show how ordinary childhood worries can take on new meaning during a divorce:

• Fear of being alone: “I’m afraid of being alone” becomes, in a divorce, “I’m being left alone.”
• Fear of bad people: “I hope the bad guys go away" becomes, in a divorce, “The bad guys are going to get me.”
• Fear of losing love: “If I do something bad, will you still love me?” becomes, in a divorce, “Did I send mommy/daddy away?”
• Fear of not being enough: “I wish I were smarter, prettier, faster,” becomes, in a divorce, “I’m not good enough to make you stay.”

A custody litigant may be inclined to hear what they want to hear, and children may be reluctant to express their fears and questions. Still, by being aware of their child’s underlying fears and developmental limitations, an observant parent may be able to put their child at ease.

Contact Our Honolulu divorce attorney today for personalized support at (808) 201-3898.