Statutory Reference to Hawaii Revised Statutes Annotated:           

Divorce: §§ 580-1, 580-41

Alimony: § 580-47

Property Distribution: § 580-47(a)

Custody: § 571-46

Visitation: § 571-46(7)

Child Support: § 576D-7.

 

Residence:

The complainant must live in the jurisdiction for six months prior to the filing of the complaint.

 

Grounds:           

(1) Irretrievable breakdown; (2) living separate and apart for two years, or for a term set by a separation decree issued by any court of competent jurisdiction.

 

Distribution of Property:

Equitable distribution of all property, whether community, joint, or separate.  The court shall take into consideration the respective merits of the parties, the relative abilities of the parties, the condition in which each party will be left by the divorce, the burdens imposed upon either party for the benefit of the children of the parties, and all other circumstances of the case.

 

Alimony/Spousal Support:

The court may award indefinite or rehabilitative periodic maintenance.  The court shall consider the respective merits of the parties, the usual occupation of the parties during the marriage, and the vocational skills and employability of the party seeking support and maintenance.

 

Child Custody/Visitation:

Custody shall be awarded to either parent or to both parents according to the best interests of the child.  If a child is of sufficient age and capacity to reason, so as to form an intelligent preference, his wishes as to custody shall be considered. 

 

Joint custody may be awarded in the discretion of the court. 

 

Visitation may be awarded to any person interested in the welfare of the child. 

 

Child Support:

Guidelines set out in court rule, following the Melson Formula.  Support is calculated on net income, with allowances for household members.