Divorce And Family Law FAQ
Last updated on April 14, 2026
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.
Is alimony guaranteed in Hawaii divorces?
No, alimony is not guaranteed in Hawaii divorces. Courts award spousal support based on various factors, including the length of the marriage, each spouse’s financial needs and ability to pay, standard of living during marriage, and each party’s earning capacity. The court considers whether one spouse sacrificed career opportunities to support the other’s education or career advancement. Alimony may be temporary to help a spouse become self-sufficient or permanent in cases involving long marriages or significant health issues that prevent employment.
How long does a divorce typically take in Hawaii?
The timeline for Hawaii divorces varies depending on complexity and whether parties reach agreements. Uncontested divorces where spouses agree on all issues can be completed in approximately 60 to 90 days after filing. Contested divorces involving disputes over property division, custody or support typically take six months to over a year to resolve. Hawaii requires a mandatory waiting period, and complex cases involving business valuations, custody evaluations or extensive discovery may take longer to finalize.
Can custody orders be modified after divorce?
Yes, custody orders can be modified after divorce when there has been a substantial change in circumstances affecting the child’s best interests. Examples include job relocations, changes in living situations, remarriage or concerns about a parent’s ability to provide proper care. The requesting party must demonstrate that the proposed modification serves the child’s best interests and that circumstances have changed significantly since the original order.
What happens if parents cannot agree on custody?
When parents cannot reach custody agreements, Hawaii courts will make decisions based on the child’s best interests following a custody evaluation process. The court may order mediation to help parents resolve disputes outside of court. If mediation fails, the case proceeds to trial, where each parent presents evidence supporting their custody position. Judges consider factors including parent-child relationships, each parent’s ability to provide stable care, cooperation between parents, and any history of domestic violence or substance abuse.
Do I need a lawyer for my divorce in Hawaii?
While Hawaii allows individuals to represent themselves in divorce proceedings, having legal representation provides significant advantages, especially in complex cases involving substantial assets, custody disputes or spousal support issues. Family law attorneys understand Hawaii’s specific laws and court procedures, can help protect your rights during negotiations, and provide objective guidance during emotionally challenging situations. Legal consultation is recommended to understand your rights and options.
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.