{"id":372888,"date":"2016-03-31T21:35:06","date_gmt":"2016-04-01T02:35:06","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/hawaii-law\/hawaii-legal-requirements-for-divorce.html"},"modified":"2024-12-20T16:19:26","modified_gmt":"2024-12-20T21:19:26","slug":"hawaii-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/hawaii-law\/hawaii-legal-requirements-for-divorce.html","title":{"rendered":"Hawaii Divorce Laws"},"content":{"rendered":"\n
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Hawaii Divorce Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

State laws regulate divorce, including the legal process for getting a divorce and the rules for what a legal divorce is. State divorce laws<\/a> may differ on the grounds for a divorce, residency requirements, and waiting periods, but all states now allow "no-fault" divorces. A no-fault divorce<\/a> is one in which neither party is liable for the marriage breakdown, sometimes called irreconcilable differences. The presence of domestic violence or chronic substance abuse is usually adequate grounds for divorce in all states. Some states also mandate a legal separation period before a final divorce.<\/p>\r\n

This article offers a brief overview of Hawaii divorce laws.<\/p>\r\n

Legal Requirements for Divorce in Hawaii<\/h2>\r\n

Every state has specific legal requirements for divorce. For example, every state has a residency requirement<\/a>. Under Hawaii law, you must live in-state for at least six months before filing for divorce. You must also live on the same island (or in the same county) for at least three months before submitting your divorce papers.<\/p>\r\n

Many states also have a mandatory waiting <\/a>or "cooling off" period. This is the period between the filing date and when the family court judge issues your final divorce decree. The State of Hawaii has no such rule.<\/p>\r\n

In Hawaii, the judge can grant your final divorce judgment<\/a> whenever they want. Most divorce cases take at least a month to finalize.<\/p>\r\n

No-Fault Divorce and Fault-Based Divorce in Hawaii<\/h2>\r\n

Every state allows no-fault divorce. Just certify that your marriage is irretrievably broken<\/a> to file for divorce in Hawaii. You don’t have to point to any wrongdoing by your spouse.<\/p>\r\n

Even if you include a statement of marital misconduct in your complaint for divorce, the court won’t use it against your spouse. For example, even if your spouse was unfaithful, that won’t impact alimony<\/a>, spousal support, or child custody.<\/p>\r\n

Of course, if your spouse engaged in domestic violence<\/a>, the court will consider that when deciding custody and visitation with the minor children.<\/p>\r\n

Uncontested Divorce vs. Contested Divorce<\/h2>\r\n

There are two types of divorce: uncontested and contested<\/a>. With an uncontested divorce, the parties agree to most divorce terms. They both agree that a divorce is best. In an uncontested divorce case, the parties submit their information via affidavit. They may also include their settlement agreement for approval.<\/p>\r\n

The spouses also submit the other divorce forms and the requisite filing fee of $215 ($265 if the couple has minor children.) Once the judge reviews the documentation, they will issue the divorce decree<\/a> and mail a copy to the parties. There is no waiting period.<\/p>\r\n

With a contested divorce, the parties disagree on the terms of divorce. The divorce process for this type of case is more complex. Some of the issues outstanding in a contested divorce case include the following:<\/p>\r\n