Divorce can be a difficult and stressful process. You’ll find information about the best Hawaii divorce lawyers and other informative links on our site that may help you figure out your direction. The experienced Honolulu Divorce Attorneys at Doi/Luke, Islandlawyers have handled countless divorce cases over the last 25+ years.
If you have questions not covered here, see our Legal Information section, or give us a call at (808) 593-2199 and schedule a consult – we’ll be happy to speak with you.
Hawaiʻi is generally described as a “no-fault” divorce state. Under Hawaiʻi Revised Statutes § 580-41, the Family Court may grant a divorce when it finds one of four statutory grounds:
In the overwhelming majority of Hawaiʻi divorce cases, the ground alleged is that the marriage is irretrievably broken. A spouse generally does not need to prove adultery, cruelty, abandonment, or some other marital “fault” in order to obtain a divorce. One spouse may seek a divorce even if the other spouse does not want the marriage to end.
Obtaining a divorce ends the marriage, but most divorce cases also require the parties or the Family Court to resolve additional issues. The most common include:
Other issues may arise depending on the circumstances of the marriage, including temporary support, use of the marital residence, retirement benefits, business interests, tax issues, insurance, reimbursement claims, enforcement of premarital agreements, and requests for attorney’s fees and costs.
A contested divorce is one in which the spouses cannot agree on one or more issues that must be resolved before the divorce can be completed. The disagreement may concern custody, parenting time, child support, alimony, property division, debts, or another issue. Contested cases may involve discovery, motions, settlement conferences, mediation, expert witnesses, and ultimately a trial if the parties cannot reach an agreement. Because contested divorce cases can involve significant procedural and evidentiary issues, having experienced legal counsel can be particularly important.
An uncontested divorce is one in which the spouses have reached agreement on all issues necessary to complete the divorce. Depending on the case, that may include child custody and parenting time, child support, alimony, and the division of assets and debts. When a fair and workable agreement can be reached, an uncontested divorce can reduce conflict, delay, and expense.
An uncontested divorce is generally handled through written documents submitted to the Family Court. In many cases, the court can review and approve the divorce without requiring the parties to appear for a contested evidentiary hearing.
An attorney handling an uncontested divorce can prepare or review the required documents, coordinate signatures, address legal issues in the proposed decree, file the necessary papers, and submit the case for the Family Court’s review. Hawaiʻi also provides court forms and instructions for people who choose to proceed without an attorney.
Kids First is a Hawaiʻi Family Court education program intended to help parents understand how separation and divorce affect children and to help families cope with the changes that accompany the end of a relationship. On Oʻahu, divorcing parents and children within the program’s covered age range are generally required to participate before the divorce is granted.
Program procedures, locations, and schedules can change, and requirements may differ by judicial circuit. Parties should follow the current notice or instructions issued by the Family Court in their case and consult the Hawaiʻi State Judiciary’s current Kids First information for updated details.
The cost of a divorce generally has two components: out-of-pocket case costs and attorney’s fees. The total amount can vary substantially depending on whether the divorce is uncontested, how many issues are disputed, and how much work is required to resolve them.
Costs
Case costs are expenses separate from an attorney’s professional fees. In a typical uncontested divorce, these may include:
In a contested divorce, additional expenses may include:
Attorney’s Fees
Attorney’s fees are the charges for the lawyer’s professional work. An uncontested divorce is generally less expensive than a contested divorce because the parties have already resolved the substantive issues and the attorney’s work is focused largely on documenting the agreement and completing the court process. Some attorneys charge a flat or fixed fee for appropriate uncontested matters.
Contested divorce fees vary much more widely. The cost depends on the number and complexity of disputed issues, the amount of discovery and motion practice required, the parties’ ability to compromise, and whether the case proceeds to trial. Contested matters are commonly billed by the hour, often with an advance retainer or deposit against future fees.
Divorce requires a substantial amount of financial and personal information. If available, begin gathering documents such as:
Whether the case is contested or uncontested affects the procedure, cost, and likely timeline of the divorce. A case may also begin as contested and later become uncontested if the parties reach a complete settlement. An experienced Hawaiʻi divorce attorney can help identify which issues are already resolved, which remain disputed, and what steps may be needed to move the case toward resolution.
Family Court staff can provide forms, instructions, and procedural information, but they cannot give legal advice or tell a party what position to take. The Hawaiʻi State Judiciary provides divorce forms and self-help information for each judicial circuit.
For Oʻahu cases, the Family Court of the First Circuit is located at the Ronald T. Y. Moon Judiciary Complex in Kapolei. The Family Court Service Center provides self-help packets, forms, instructions, and procedural assistance. Additional Judiciary and Access to Justice resources may also be available to self-represented litigants.
Divorce forms are available through the Hawaiʻi State Judiciary for the First Circuit (Oʻahu), Second Circuit (Maui, Molokaʻi, and Lānaʻi), Third Circuit (Hawaiʻi Island), and Fifth Circuit (Kauaʻi). Our Honolulu Courthouse Information page also provides practical information for people with cases on Oʻahu.
Before a consultation, it can be helpful to identify your questions, priorities, and areas of disagreement. Our Divorce Issues Checklist can help you organize the major issues in your case. We also provide separate divorce questionnaires depending on whether the parties have no children, minor children, or adult children:
Completing the appropriate questionnaire before a consultation can make it easier to identify important facts and use meeting time efficiently. If a questionnaire is provided as a PDF, it can be viewed with standard PDF-reading software.
An annulment is different from a divorce. Rather than ending a valid marriage, an annulment asks the Family Court to declare the marriage contract void based on a legally recognized ground that existed at the time of the marriage. A short marriage, by itself, is not a basis for annulment. Hawaiʻi Revised Statutes § 580-21 identifies specific grounds, including:
The statutory grounds for annulment are very narrow, and most people who simply regret a marriage or have been married only briefly will not qualify. Where the legal requirements for annulment are not met, divorce is ordinarily the available process for ending the marriage.
Gavin has been my attorney for nearly 10 years now. My divorce and child custody case was complex and incredibly stressful but Gavin took the time to listen and provide sound counsel on the matter. I immediately retained him and my confidence in him has only grown since. He always promptly returns my phone calls, and has never dropped the ball or missed a filing date. He is fair, knowledgable, and he acts with integrity. -Glad he's my attorney!
Divorce can involve difficult decisions about children, finances, property, and the next stage of your life. Doi/Luke, Attorneys at Law has represented people in Hawaiʻi divorce and family-law matters since 1995. Our attorneys help clients understand their options, identify practical goals, negotiate when resolution is possible, and litigate when court intervention is necessary. We handle matters involving child custody and visitation, child support, alimony, property and debt division, and other divorce-related issues.
Our office is based in Honolulu, and we represent clients in divorce and family-law matters throughout Hawaiʻi, including on Hawaiʻi Island. To schedule a consultation, contact Doi/Luke at (808) 593-2199 or office@islandlawyers.com.
This article is provided for general informational purposes only and should not be construed as legal advice. Every family law case depends on its particular facts and circumstances. If you need legal advice about your situation, consult a qualified attorney.
