Divorce can be an emotionally challenging experience, and navigating the legal process can feel overwhelming. Unfortunately, there are many misconceptions about divorce in Hawaii that can lead to confusion and unnecessary stress. Understanding the realities of Hawaii’s divorce laws can help you make informed decisions and set realistic expectations as you move forward.

In this blog, we’ll debunk some of the most common myths about divorce in Hawaii and provide clarity on how the process works.

Myth 1: Fault Always Matters in Divorce

Reality:
Hawaii is a no-fault divorce state, meaning you don’t need to prove wrongdoing like adultery or abandonment to file for divorce. The only requirement is that the marriage is “irretrievably broken,” which can be stated by either party.

Exceptions:
While fault doesn’t impact the ability to file for divorce, certain behaviors (e.g., financial misconduct or abuse) might influence decisions on property division, spousal support, or custody.

Myth 2: Mothers Always Get Custody of the Children

Reality:
Hawaii courts prioritize the best interests of the child when determining custody. Factors such as the child’s relationship with each parent, stability, and overall well-being are considered. Both parents are treated equally under the law, and fathers have just as much right to seek custody as mothers.

Myth 3: Property Is Always Divided Equally

Reality:
Hawaii follows the principle of equitable distribution for dividing marital property. This doesn’t necessarily mean a 50/50 split—it means the court aims for a fair distribution based on factors like:

• Length of the marriage
• Contributions of each spouse (including non-financial contributions like homemaking)
• Each spouse’s financial situation post-divorce

Property acquired before the marriage, inheritances, or gifts may be considered separate property, but exceptions exist.

Myth 4: Divorce Proceedings Always Go to Court

Reality:
Many divorces in Hawaii are resolved outside of court through mediation or collaborative divorce. These alternative dispute resolution methods allow couples to negotiate terms amicably, saving time, money, and emotional stress. Only unresolved issues will proceed to court for a judge’s decision.

Myth 5: You Can’t Get Divorced Without a Lawyer

Reality:
While hiring a lawyer is highly recommended for complex cases involving property, custody, or alimony disputes, it’s not legally required. Couples with straightforward, uncontested divorces can file on their own, but having legal guidance ensures your rights are protected.

Myth 6: You Have to Be a Resident of Hawaii for Years to File for Divorce

Reality:
Hawaii requires that one spouse has been a resident of the state for at least six months before filing for divorce. Additionally, you must file in the circuit court of the county where you or your spouse resides.

Myth 7: Divorce Always Ruins Finances

Reality:
While divorce can have financial implications, proper planning and guidance can help mitigate its impact. Working with legal and financial professionals ensures fair outcomes regarding property division, spousal support, and child support.

Myth 8: The Court Decides Every Detail of the Divorce

Reality:
Couples can negotiate and agree on terms like property division, child custody, and spousal support without court intervention. Judges typically only step in when agreements cannot be reached.

Myth 9: You Can Change Custody Agreements Anytime

Reality:
Custody arrangements are legally binding once approved by the court. While modifications are possible, they require a significant change in circumstances (e.g., relocation, a parent’s inability to meet the child’s needs) and court approval.

Myth 10: Once It’s Finalized, Divorce Agreements Can’t Be Changed

Reality:
Certain aspects of a divorce agreement, such as child support or custody, can be modified if circumstances change. However, modifications to property division or spousal support are typically more challenging and require substantial justification.

Understanding the Realities of Divorce in Hawaii

Divorce is a complex process, and understanding the facts can help you navigate it with confidence. At The Law Practiceof Jackie Kong, we’re committed to providing the guidance and support you need during this challenging time. Whether you’re just starting the process or seeking advice on specific issues, our team is here to help.

Contact us today for a consultation and let us debunk the myths and guide you through the realities of divorce in Hawaii.