Hawaii Revised Statutes Chapter 580 - Annulment, Divorce, and Separation

Hawaii requires only that the filing spouse be domiciled in the state at the time of filing — no minimum residency period to file. This was modernized by Act 69 of 2021, eliminating the old six-month filing requirement; however, a divorce decree cannot be granted until one party has been domiciled or physically present in the state for six months. Military personnel stationed in Hawaii qualify. For annulment and separation, three months of domicile or physical presence is required.

Effective: 2021

Hawaii is a no-fault divorce state. The court shall grant a divorce when the marriage is 'irretrievably broken,' or when the parties have lived separate and apart under a decree of separation for the required period, or when a separate maintenance order has been in effect for at least two years without reconciliation, or when the parties have lived apart continuously for two or more years and it would not be harsh or oppressive to grant the divorce.

Effective: 2024

Irretrievable breakdown can be established by both spouses stating so in an affidavit, or by one spouse's affidavit if the other does not deny it. If the breakdown is uncontested, the court may waive a hearing and grant the divorce on the affidavit alone. If one spouse denies the breakdown, the court may delay proceedings for up to 60 days and recommend counseling.

Effective: 2024

Hawaii is an equitable distribution state using an 'economic partnership' model. Upon divorce, the court may divide all property — community, joint, or separate — and allocate debts in a manner that is just and equitable. The court considers 13 statutory factors including marriage duration, each spouse's contributions, earning capacity, needs of the children, tax consequences, and the standard of living during the marriage. Premarital assets and gifts/inheritances are treated as 'capital contributions' that each spouse is generally entitled to have returned first.

Effective: 2024

Every divorce decree that does not specifically reserve property division for a further hearing shall be considered a final division of all property. After a final divorce decree or the elapse of one year after an order reserving property division, a divorced spouse loses dower or curtesy rights in the former spouse's real estate. If a spouse remarries after property division, the new spouse gains spousal rights in whatever property was vested by the divorce decree.

Effective: 2024

Custody is awarded based on the best interest of the child, with neither parent having preferred status. The court must consider 16 factors including: history of sexual or physical abuse, neglect or emotional abuse, quality of the parent-child relationship, history of caregiving, cooperation in developing a parenting plan, drug or alcohol abuse, and each parent's actions separating the child's needs from their own. A finding of family violence creates a rebuttable presumption against custody with the perpetrator.

Effective: 2024

Either parent may request joint custody, which the court may award at its discretion. Joint custody means both parents share legal custody with physical custody arranged to ensure frequent, continuing, and meaningful contact with both parents. The court may award joint legal custody without awarding joint physical custody. If joint custodial parents reach a deadlock on important decisions, that impasse qualifies as a material change in circumstances warranting court review.

Effective: 2024

In any contested custody action, both parents must file either a mutually agreed-upon parenting plan or separate individual plans at the outset of the case. A detailed plan may cover residential schedule, holidays, decision-making, relocation, communication, right of first refusal, and dispute resolution methods. If parents cannot agree, the court may order alternative dispute resolution (unless there is family violence) or develop and file a detailed plan itself.

Effective: 2024

A grandparent may petition for reasonable visitation rights, but only when the grandparent's child (the minor's parent) is unable to exercise visitation due to incarceration or death, and denial of grandparent visitation would cause significant harm to the child. There is a rebuttable presumption that a parent's or custodian's decision regarding visitation is in the child's best interest, which can only be overcome by clear and convincing evidence of significant harm.

Effective: 2024

The court may order either spouse to provide support and maintenance to the other. There is no formula — the court considers 13 factors: financial resources, ability to meet needs independently, marriage duration, standard of living during marriage, age, physical and emotional condition, usual occupation, vocational skills and employability, needs, custodial and child support responsibilities, the payor's ability to meet both parties' needs, other financial condition factors, and probable duration of need. Marital fault is generally not considered. Support may be temporary, rehabilitative (most common), or permanent (rare, for advanced age or disability).

Effective: 2024

Hawaii uses a modified Income Shares Model for child support. Both parents' gross incomes are determined, then reduced to net income using statutory tables. The primary child support need is calculated by combining the base support amount, child care expenses, and health insurance costs, with a Standard of Living Adjustment (SOLA) of 10% for each of the first three children (30% maximum). A 10% or greater difference between the current order and a new calculation creates a presumption of changed circumstances justifying modification.

Effective: 2024

When the Child Support Enforcement Agency (CSEA) establishes or modifies child support through administrative orders, it must apply the same guidelines established under §576D-7. The most current guidelines must be used for calculations. Departure from the guidelines is permitted only when exceptional circumstances warrant it. CSEA and the courts have concurrent jurisdiction over child support matters.

Effective: 2024

After a divorce complaint is filed, the court may order temporary support for either spouse pending the outcome of the case. The court may also compel either spouse to advance reasonable amounts for attorney's fees, witness compensation, and other trial expenses to be incurred by the other spouse. These temporary orders can be amended and revised as needed throughout the case and are enforceable by summary process.

Effective: 2024

The divorce complaint and summons must be served personally on the defendant if they are in Hawaii, unless the defendant enters an appearance. If personal service fails, the court may order alternative service by certified mail (return receipt requested, addressee only), notice to the closest known relative, and posting at the courthouse. Service by mail is complete 30 days after mailing. Summons cannot be delivered between 10:00 PM and 6:00 AM on private premises without a judge's written permission.

Effective: 2024

Upon filing a divorce complaint, both parties are automatically subject to a restraining order — effective immediately for the plaintiff and upon service for the defendant. Neither party may sell, transfer, conceal, or dispose of any property; change beneficiaries on insurance, pensions, or retirement accounts; remove a child from insurance coverage; or remove a minor child from their current island of residence or school. The ATRO remains in effect until the final decree. Violation is subject to court sanctions.

Effective: 2024

Upon application by either party, the court shall order both parties to provide full financial and property disclosure on court-provided forms, and restrain each party from transferring, wasting, or disposing of property beyond current income (except for ordinary business or living expenses). The court may also issue personal restraining orders to prevent physical abuse, threats, or harassment. Knowing violation of a restraining order under this section is a misdemeanor with mandatory jail time (48 hours for first offense, 30 days for subsequent offenses).

Effective: 2024

When there has been domestic violence between the parties, the court shall not require mediation in divorce proceedings. This provides critical protection for abuse victims by ensuring they are not forced into a mediation setting with their abuser as a condition of the divorce process. This exemption applies regardless of whether other parties might otherwise be ordered to attempt mediation or counseling under §580-42.

Effective: 2024

Victims of domestic abuse can obtain an ex parte temporary restraining order (TRO) from family court without the abuser being present or notified, even if no divorce has been filed. The TRO prohibits contact, threats, physical abuse, and entry to the protected party's residence. Violation is a misdemeanor with mandatory minimum penalties: 5 days jail and $300-$500 fine for first offense, 45 days and $500-$1,000 for subsequent offenses. Protective orders can be extended, including past a minor child's 18th birthday.

Effective: 2024

Hawaii adopted the Uniform Premarital Agreement Act, which governs the enforceability of prenuptial agreements. A premarital agreement must be in writing and signed by both parties. It may address property rights, spousal support, and other matters. The court will first determine whether the agreement is valid and enforceable before applying its terms to property division and support. If found invalid, the divorce proceeds under standard equitable distribution rules.

Effective: 2024

When the court determines that family violence has been committed by a parent, there is a rebuttable presumption that placing the child in sole custody, joint legal custody, or joint physical custody with the perpetrator is detrimental and not in the child's best interest. The court must prioritize the safety and well-being of the child and the victim parent. If a parent is absent or relocates because of an act of family violence by the other parent, that absence or relocation cannot weigh against the parent in custody determinations.

Effective: 2024

Hawaii provides special jurisdiction for couples who were married in Hawaii under Chapter 572 but are domiciled in a jurisdiction that does not recognize their marriage. These couples may file for divorce in Hawaii even if neither party meets the domicile requirement, though the court's jurisdiction is limited to dissolving the marriage itself unless both parties consent to broader jurisdiction over custody, support, and property matters.

Effective: 2024

In any custody or visitation dispute, the court may order either or both parents and the child to attend counseling, parenting classes, or other educational programs deemed in the child's best interest. All Hawaii divorces involving minor children require participation in a parent education program (such as Oʻahu's Kids First program). A $50 parent education surcharge is included in the $265 filing fee.

Effective: 2024