A divorce may be granted in Hawaii divorce law on the following no-fault grounds:
- irretrievable breakdown of the marriage;
- living separate and apart without cohabitation for two years and it would not be harsh or oppressive to the defendant spouse to grant the divorce.
The “irretrievable breakdown of the marriage” may be shown by both spouses stating so in an affidavit or by one spouse stating so in an affidavit and the other spouse not denying it. The court, in such cases, may waive a hearing in uncontested divorces and grant the divorce based on the affidavit.
In Hawaii divorce law, the court declares the marriage contract broken; in an annulment, the court says that there never was a marriage. Annulment is much more difficult to prove — and is much rarer — than divorce. If you want to go this route, you will definitely need to speak to an attorney. Of course, if you want an annulment for religious reasons, you’ll need to consult with your priest, minister, or rabbi as well.
You’ll need to provide your divorce lawyer with the following documentation in order to proceed with your dissolution, as per Hawaii divorce law. Start gathering everything together as soon as possible so that you can find out what might be missing and submit any requests for duplicates.
- Full addresses and phone numbers of both parties.
- Full names, birth dates, and addresses of all children of the marriage, their school, and grade.
- Information about any prior marriage of either spouse, including a certified copy of the divorce decree.
- A copy of any domestic contracts (e.g. a prenuptial agreement).
- Information about any previous legal proceedings between the spouses or involving any of the children.
- Dates and particulars about any previous separations attempts at reconciliation, or marriage counseling.
- Your previous year’s income tax return, and any related data from the IRS.
- Information about your current income, e.g. a current payslip.
- A list of substantial assets and liabilities of both spouses.
On the right of this page, you will find a listing of family law attorneys. Be sure to visit these other pages to find out more about how best to work with a divorce attorney and to know more about Hawaii divorce law.