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Divorce And Family Law FAQ

Our family law attorneys at Coates Frey & Hackett, AAL LLLC, are here to help Oahu, Honolulu and other Hawaii communities handle their legal issues. We take on a “hands-on” approach with every case so that families feel prioritized and respected. Our lawyers can equip families with the knowledge and legal options necessary to handle any family law issue. We will answer any questions you may have, such as:

What are the residency requirements for filing for divorce in Hawaii?

To file for divorce in Hawaii, it is necessary for at least one spouse to have lived in the state continuously for at least six months.

Is Hawaii a “no-fault” divorce state?

Yes. Neither spouse is held liable for a divorce. Spouses can file for divorce if they have lived in separate beds or homes for two years continuously or have been legally separated.

How is property divided in a divorce?

Hawaii distributes marital property fairly during the asset distension process of the divorce. That does not always mean marital assets are divided equally. Several considerations are made during asset division, including the:

  • Age and health of each spouse
  • Employment and future earning capacity of each spouse
  • General economic conditions
  • Violation of laws, such as hiding assets
  • Impact on any dependent children

Marital property and debt division can complicate a divorce. Legal representation can help families understand Hawaii property division laws.

How does Hawaii determine child custody?

Hawaii courts consider a child’s “best interests” when considering child custody. The best interests of a child are often defined as a child’s safety, health and well-being. Several factors can affect a child’s best interests, including:

  • A child’s health
  • Relationship between children and parents
  • Parent’s earning capacity
  • Cooperation between parents
  • Parent’s health
  • Parent’s history of criminal activity, abuse or neglect

Parents can present evidence during a trial that they have their child’s best interests in mind. Our attorneys can help parents prepare for a custody trial.

Does Hawaii recognize same-sex marriages and divorces?

Under the Hawaii Marriage Equality Act, same-sex marriage and divorce have been legal since 2023. Same-sex divorces often go through the same divorce process as any other divorce.

Schedule An Initial Consultation Today

If you want to learn more, then you should talk to one of our experienced Honolulu family law lawyers today. By calling 808-379-3538 or using our online contact form, you can schedule an initial consultation.