Hawaii Divorce Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed December 20, 2024

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State laws regulate divorce, including the legal process for getting a divorce and the rules for what a legal divorce is. State divorce laws 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 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.

This article offers a brief overview of Hawaii divorce laws.

Legal Requirements for Divorce in Hawaii

Every state has specific legal requirements for divorce. For example, every state has a residency requirement. 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.

Many states also have a mandatory waiting 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.

In Hawaii, the judge can grant your final divorce judgment whenever they want. Most divorce cases take at least a month to finalize.

No-Fault Divorce and Fault-Based Divorce in Hawaii

Every state allows no-fault divorce. Just certify that your marriage is irretrievably broken to file for divorce in Hawaii. You don't have to point to any wrongdoing by your spouse.

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, spousal support, or child custody.

Of course, if your spouse engaged in domestic violence, the court will consider that when deciding custody and visitation with the minor children.

Uncontested Divorce vs. Contested Divorce

There are two types of divorce: uncontested and contested. 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.

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 and mail a copy to the parties. There is no waiting period.

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:

  • Property division
  • Determination of marital assets and separate property
  • Child custody
  • Child support
  • Alimony/spousal support

Your Hawaii divorce attorney will ideally negotiate a settlement with your spouse's lawyer. If not, the Hawaii courts will decide these legal issues for you.

Child Custody and Child Support

Most couples can devise a parenting plan that is fair to both parties. If they can't do this, the courts in Hawaii will determine child custody using the best interests of the child standard. They may have an evaluator meet with the children to decide how to divide parental responsibilities.

The judge will defer to Hawaii's child support guidelines. The circuit court judge will order the non-custodial parent to pay child support. The judge's child support order is enforceable like any other court order. If your spouse fails to pay support, you can turn to the courts for help.

Alimony and Spousal Support

There's no guarantee that either party will get spousal support. The judge will consider many factors when making this decision.

Some of the things the judge will examine include:

  • Standard of living during the marriage
  • Earning capacity of the parties
  • Age and health of the spouses
  • Financial resources and expenses

If you and your soon-to-be ex-spouse disagree on alimony, the judge will decide during the divorce proceedings.

Division of Marital Property in Hawaii

The courts in Hawaii use equitable distribution for property division. First, they determine the marital assets. Second, they examine the spouses' relative contributions to the marital assets and debts.

For the division of assets, the courts don't split them 50/50. They base their decision on fairness and equity.

Hawaii Divorce Laws at a Glance

The Hawaii State Judiciary oversees the divorce process. The main provisions of Hawaii divorce laws are in the chart below. See FindLaw's Divorce section for a variety of helpful articles and resources.

The main provisions of Hawaii divorce laws are in the chart below. See FindLaw's Divorce section for a variety of helpful articles and resources.

Code section

 § 580-1 et seq. of the Hawaii Revised Statutes
Main requirements for divorce in Hawaii
  • The marriage is irretrievably broken
  • The parties have lived separately under a decree of separation from bed and board, the separation period has expired, and the parties have not reconciled
  • The parties have lived separately for two years or more under a decree of separate maintenance, and the parties have not reconciled or
  • The parties have lived separate and apart for a continuous period of two years or more immediately preceding the application, there is no reasonable likelihood that cohabitation will be resumed, and the court is satisfied that, in the particular circumstances of the case, it would not be harsh and oppressive to the defendant or contrary to the public interest to a divorce on this ground on the complaint of the plaintiff.
Residency requirements

Six months in state and three months on the same island
Waiting period

None
No-fault grounds for divorce

Irretrievable breakdown of the marriage; separation for at least two years or under decree of separation

Note: State laws are always subject to change at any time through the enactment of newly signed legislation, decisions from higher courts, or other means. You may want to contact a divorce attorney or conduct legal research to verify your state law.

Getting Divorced in Hawaii? Get Legal Help Today

Even under the best of circumstances, getting divorced can be emotionally draining. A Hawaii divorce lawyer can help with the divorce process and handle the legal side. This gives you a chance to focus on moving forward.

Divorce attorneys also understand Hawaii divorce laws and are familiar with the court system. They'll ensure your divorce papers get filed properly and help streamline the process.

Research the Law

Hawaii Divorce Laws: Related Resources

 

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