Divorce Laws in Hawaii: Complete 2026 Guide

Hawaii is strictly a no-fault divorce state. Under HRS §580-41, the Family Court will grant a divorce upon the application of either party when one of several no-fault grounds exists. Hawaii does not recognize traditional fault-based grounds such as adultery, cruelty, or abandonment as independent bases for divorce, although misconduct may be relevant to financial orders under HRS §580-47. The most common ground for divorce in Hawaii is the irretrievable breakdown of the marriage. Under HRS §580-42, both spouses may state in an affidavit that the marriage is irretrievably broken, or one spouse may state so and the other spouse does not deny it. If neither spouse contests the irretrievable breakdown, the court may waive a hearing and grant the divorce based on the affidavit alone. If one spouse denies that the marriage is irretrievably broken, the court may delay proceedings for up to 60 days and recommend counseling before making a determination. Hawaii also allows divorce based on separation. Under HRS §580-41, a divorce may be granted when the parties have lived separate and apart under a decree of separation from bed and board, and the term of separation has expired without reconciliation. Similarly, a divorce may be granted when the parties have lived separate and apart under a decree of separate maintenance for two years or more without resuming cohabitation. Additionally, the court may grant a divorce if 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 granting the divorce would not be harsh and oppressive to the defendant or contrary to the public interest. The no-fault framework in Hawaii is designed to promote a less adversarial divorce process. Since neither party must prove wrongdoing, spouses can focus on resolving practical issues such as property division, custody, and support rather than litigating blame. Under HRS §580-42.5, recrimination (the defense that both spouses were at fault) is not a valid defense to a divorce action.

Hawaii's residency requirements for divorce were significantly modernized in 2021 through Act 69, which amended HRS §580-1. Under the current law, exclusive original jurisdiction in matters of divorce is conferred upon the Family Court of the circuit in which the applicant is domiciled at the time the application is filed. 'Domicile' means the place you consider to be your permanent home—the place where you are physically present with the intention to remain indefinitely. There is no specific minimum time period required for establishing domicile. This 2021 change eliminated the previous requirement that either party must have been domiciled or physically present in Hawaii for a continuous period of at least six months before a final divorce decree could be granted. Some older legal resources may still reference the six-month or three-month requirements, but the current statute only requires domicile at the time of filing for divorce. Note that for annulment and separation (as opposed to divorce), HRS §580-1 still requires domicile or physical presence in the circuit for at least three continuous months before filing. You must file your divorce in the Family Court circuit where you are domiciled. Hawaii has four Family Court circuits: the First Circuit (Oahu), Second Circuit (Maui, Molokai, Lanai), Third Circuit (Hawaii Island/Big Island), and Fifth Circuit (Kauai and Niihau). A person residing on any military or federal base, installation, or reservation within the state, or present under military orders, is not prohibited from meeting the residency requirements. Additionally, even if neither spouse meets the residency requirement, you may still file for divorce in Hawaii if you were married in the state and both spouses currently reside in a jurisdiction that does not recognize their marriage (HRS §580-1(b)).

Hawaii is an equitable distribution state. Under HRS §580-47, the Family Court has broad discretion to divide all of the spouses' property—including community, joint, and separate property—in a manner that is 'just and equitable.' This means the division aims to be fair based on the circumstances of each case, but it does not necessarily mean a 50/50 split. Hawaii is one of the few states that allows courts to distribute both marital and separate property. The court considers several factors when determining how to divide property, as outlined in HRS §580-47. These include: (1) the respective merits of the parties; (2) the relative abilities of the parties; (3) the condition in which each spouse will be left after the divorce; (4) the burdens imposed upon either spouse for the benefit of the children of the parties; and (5) all other circumstances of the case. The court examines the totality of the financial situation, including the length of the marriage, each spouse's financial contributions and non-financial contributions (such as homemaking and childcare), and the economic prospects of each spouse going forward. Notably, Hawaii also allows spouses to elect community property treatment for their assets, making it one of only a few states with this option. This unique hybrid system can create complex property division issues. The court may also consider whether either spouse deliberately hid assets or financial information. Premarital agreements, if valid and enforceable, will be considered by the court in making its property division determination. Because Hawaii courts have wide latitude in dividing property, the outcome can vary significantly based on individual circumstances, and consulting with an attorney familiar with Hawaii family law is strongly recommended for complex asset cases.

Spousal support (also called maintenance or alimony) in Hawaii is governed by HRS §580-47. The court may award maintenance to either spouse for an indefinite period or for a specific period of time designed to allow the receiving spouse to become self-supporting. Notably, marital misconduct is not a factor in determining spousal support in Hawaii. The court considers a comprehensive list of factors when determining whether to award spousal support and, if so, the amount and duration. Under HRS §580-47, these factors include: (1) the standard of living established during the marriage; (2) the duration of the marriage; (3) the ability of the paying spouse to meet their own needs while also meeting the needs of the receiving spouse; (4) the ability of the receiving spouse to meet their needs independently; (5) the comparative financial resources of each spouse; (6) the needs and obligations of each spouse; (7) the ages of the spouses; (8) the physical and emotional conditions of the spouses; (9) the usual occupations of the spouses during the marriage; (10) the vocational skills and employability of the receiving spouse; (11) the probable duration of need; (12) any custodial and child support responsibilities; and (13) any other factors measuring the financial condition in which the spouses will be left after divorce. Spousal support can be modified after the initial divorce decree if there is a material change in circumstances. Under HRS §580-51, support may be modified or terminated upon the remarriage of the receiving spouse. The court has broad discretion in fashioning support orders, and the duration of an award often corresponds to the length of the marriage and the time needed for the receiving spouse to obtain education or training to become self-sufficient. In long-term marriages where one spouse sacrificed career advancement for the family, indefinite maintenance may be appropriate. Either spouse may be ordered to pay maintenance regardless of gender.

Child custody in Hawaii is governed by HRS §571-46, which establishes the 'best interests of the child' as the paramount standard in all custody and visitation determinations. The Family Court has discretion to award custody to either parent or to both parents jointly. Hawaii law does not create a presumption in favor of either parent based on gender, nor does it automatically presume that joint custody is in the child's best interest. In 2008, the Hawaii Legislature amended HRS §571-46 to specify 16 factors that the court must consider when determining the best interests of the child. These factors include: (1) any history of sexual or physical abuse of the child by a parent; (2) any history of neglect or emotional abuse; (3) the overall quality of the parent-child relationship; (4) the history of caregiving by each parent before and after separation; (5) each parent's cooperation in developing a plan for the child's needs; (6) each parent's actions demonstrating that they allow the child to maintain family connections; (7) each parent's actions demonstrating that they separate the child's needs from their own; (8) any evidence of past or current drug or alcohol abuse by a parent; and (9) a parent's willful misuse of the protection from abuse process, among others. The court may also hear testimony from experts and may order a child custody evaluation by a qualified evaluator under HRS §571-46.4. Reasonable visitation rights are awarded to noncustodial parents, and Hawaii law also provides for visitation rights for grandparents and siblings in appropriate circumstances. Custody orders are subject to modification whenever the best interests of the child require it (HRS §571-46(6)). In cases involving family violence, the court applies a rebuttable presumption that it is detrimental to the child to be placed in the custody of the perpetrator. Survivors of domestic abuse cannot be compelled into mediation in divorce proceedings under HRS §580-41.5. All Hawaii divorces involving minor children require both parents to complete a parent education program, such as the Kids First program on Oahu.

The divorce filing process in Hawaii begins with preparing the required documents. The initial filing typically includes a Complaint for Divorce (or Joint Petition in uncontested cases), a Summons, a Matrimonial Action Information Sheet, and other forms specific to your circuit. Each island circuit may have slightly different forms, so it is important to obtain the correct forms for the Family Court where you will file. Forms are available on the Hawaii State Judiciary website (courts.state.hi.us) and at the Family Court clerk's office. Once your documents are prepared, you file them with the Family Court in the circuit where you are domiciled. Filing can be done in person at the court clerk's office or through Hawaii's electronic filing system (JEFS). At the time of filing, you must pay the applicable filing fee: $215 for divorces without minor children, or $265 for divorces with minor children (which includes a $50 parent education surcharge). If you cannot afford the fee, you may request a fee waiver by filing a Request to Proceed In Forma Pauperis (Form 1-P). You must demonstrate that your income falls at or below 125% of the federal poverty guidelines or that paying the fee would cause substantial financial hardship. After filing, you must serve your spouse with the divorce papers. If your spouse agrees and cooperates, they can sign an Appearance and Waiver, which is the simplest method. Otherwise, you must arrange for personal service through a professional process server or, in certain circumstances, by registered or certified mail with court approval. Your spouse then has 20 days to file a written response. If your spouse does not respond, you may seek a default judgment. For uncontested cases, the court may grant the divorce by affidavit without a hearing. For contested cases, the court will schedule hearings on contested issues including property division, custody, child support, and spousal support. In cases with minor children, both parents must complete a parent education program before the divorce can be finalized. Divorce cases in Hawaii are handled exclusively by the Family Court, which is a division of the Circuit Court in each judicial circuit. Under HRS §580-1, exclusive original jurisdiction over divorce actions is conferred upon the Family Court. Hawaii has four Family Court circuits: the First Circuit Court (Oahu/Honolulu), the Second Circuit Court (Maui County, including Maui, Molokai, and Lanai), the Third Circuit Court (Hawaii County/Big Island), and the Fifth Circuit Court (Kauai County, including Kauai and Niihau). You must file your divorce in the Family Court circuit where you are domiciled. Each circuit maintains its own forms and specific procedural requirements, although the underlying divorce law (HRS Chapter 580) applies uniformly statewide. The Family Court handles all aspects of a divorce case, including property division, spousal support, child custody, child support, and related matters such as restraining orders and contempt proceedings. The Family Court Self-Help Center provides free forms, filing instructions, and court facilitator assistance for self-represented litigants. Appeals from Family Court divorce decisions are heard by the Intermediate Court of Appeals (ICA), and further review may be sought from the Hawaii Supreme Court. Hawaii's electronic filing system (JEFS) allows for electronic filing in Family Court civil cases, including divorce, making the process more accessible for both attorneys and self-represented parties. The Hawaii State Judiciary website provides resources, forms, and information for each circuit to help parties navigate the divorce process.

Hawaii has no mandatory waiting period between filing for divorce and the court's ability to finalize the case. Unlike many other states that impose a mandatory separation period or a cooling-off period after filing, Hawaii allows the court to process and grant a divorce as soon as all requirements have been met and paperwork has been completed. For uncontested divorces, this means the process can move relatively quickly. Once the Complaint for Divorce is filed and served, the respondent has 20 days to file an answer. If both spouses agree that the marriage is irretrievably broken and have reached a settlement on all issues, the court may grant the divorce by affidavit without a hearing under HRS §580-42. In practice, uncontested divorces in Hawaii typically take approximately 60 to 90 days to finalize, depending on the court's caseload and the completeness of the paperwork. However, there is one important exception. Under HRS §580-42, if one spouse denies that the marriage is irretrievably broken, the court may continue the proceedings for up to 60 days and recommend that the parties seek counseling. This is not a mandatory waiting period in the traditional sense but rather a discretionary delay that the court may impose to explore reconciliation. For divorces based on the ground of two years of continuous separation (HRS §580-41(4)), the two-year separation period must be completed before the filing, not after. Overall, the absence of a formal waiting period makes Hawaii one of the more streamlined states for divorce processing.