By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 09, 2023
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State laws regulate divorce, including the legal process for obtaining a divorce and rules for what constitutes a legal divorce. State divorce laws may differ on the various 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 held liable for the breakdown of the marriage, sometimes referred to as "irreconcilable differences." The presence of domestic violence or chronic substance abuse usually provides adequate grounds for divorce in all states. Some states also mandate a period of legal separation prior to a final divorce.
This article provides a brief overview of Hawaii divorce laws.
Hawaii law has a no-fault stance on divorce, in which the marriage will be terminated as long as the parties have lived separately and apart for two years or have been legally separated. There are no defenses available to a divorce filing.
The main provisions of Hawaii divorce laws are listed 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 |
|
Residency Requirements |
One party must be domiciled or physically present for a continuous period of at least three (3) months |
Waiting Period |
The court fixes time after the decree that it is final but not over 1 month |
'No-Fault' Grounds for Divorce |
Irretrievable breakdown; separation (for at least 2 yrs. or under decree of separation) |
Defenses to a Divorce Filing |
Recrimination no defense |
Other Grounds for Divorce |
See "No-Fault" |
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 your own legal research to verify the state law(s) you are researching.
Even in the best of circumstances, a divorce can be emotionally and legally challenging. An attorney will understand the process and work tirelessly to achieve the best possible outcome. The process can be stressful and complicated, which is why it makes sense to have legal representation (especially if the other party does).
Get started today by speaking with a Hawaii divorce attorney near you.
Contact a qualified attorney.
Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.
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