equitable distributionNo-Fault Only

Divorce in Hawaii

Hawaii grants divorces without any allegation of fault: the marriage must be irretrievably broken, or the spouses must have lived apart for two years. The state uses equitable distribution for property division. Since 2021, the spouse who files generally must be domiciled in Hawaii (or living there on a military base or under military orders) when the case is filed.

Quick Facts

Residency Requirement

Domiciled in Hawaii at filing

Waiting Period

None specified

Filing Fee (approximate, varies by county)

$200-$300

Property Division

equitable distribution

Grounds for Divorce

  • Irretrievable breakdown
  • Separation for 2 years
  • Separation under a court decree that has expired

Key Facts

  • Hawaii has no fault grounds; no allegation of fault is required
  • The filing spouse generally must be domiciled in Hawaii when the case is filed (Act 69 of 2021)
  • Property is divided by equitable distribution
  • Hawaii has no mandatory waiting period after filing
  • Mediation is encouraged for disputes involving children

Child Custody

Hawaii courts determine custody based on the best interests of the child. The state encourages joint custody arrangements and considers the child's wishes, each parent's ability to cooperate, and any history of family violence.

Alimony / Spousal Support

Hawaii courts may award spousal support based on the financial needs of one spouse and the ability of the other to pay. The court considers the standard of living established during the marriage, the duration of the marriage, and each party's resources.

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FAQs

Common questions about divorce in Hawaii

Hawaii does not have a mandatory waiting period after filing for divorce. However, the process itself takes time for service, response, and court scheduling. An uncontested divorce may be finalized in a few months.

Hawaii uses equitable distribution, meaning marital property is divided fairly based on factors like each spouse's contributions, the length of the marriage, and each party's financial situation. The division may not be exactly 50/50.

Neighboring States

All States

Disclaimer: Anew provides educational information and planning tools only. This is not legal advice. Every divorce situation is unique. Always consult a licensed family law attorney in your state for advice specific to your situation.