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.
Plan Your Hawaii Divorce
Get personalized guidance for your situation with Anew's AI assistant.
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.