Hawaii divorce laws

Where and how to file in Hawaii

Who can file (residency)

You file in the family court of the circuit where you are domiciled (live with the intent to stay) when you file. Since a 2021 amendment, the statute sets no minimum length of time for divorce. Military members stationed in Hawaii can qualify. Same-sex couples married in Hawaii who can't divorce where they live may file here.

Waiting period

The law sets no fixed waiting period for a divorce on the ground that the marriage is irretrievably broken. If your spouse denies the marriage is broken, the judge can continue the case 30 to 60 days for further hearing.

Court

Family Court of the circuit where you live

Official forms

Divorce forms (Hawaii courts)

Court self-help

Divorce self-help (Hawaii courts)

Filing fee

Check with your court

If you can't afford the fee

Ask the family court to let you file without paying the fee (in forma pauperis). The form is available from the family court clerk or the Hawaii State Judiciary forms page.

Simpler process for agreed cases

Uncontested divorce: if your spouse agrees or doesn't respond, the court may skip the hearing and accept proof by affidavit (Haw. Rev. Stat. 580-42(a)).

Law

Haw. Rev. Stat. 580-1 (am. L 2021, c 69) · Haw. Rev. Stat. 580-42

Divorce in Hawaii, step by step

1. Check that you can file in Hawaii

   You file in the family court of the circuit where you are domiciled (live with the intent to stay) when you file.

2. Get the official forms

   Use the court's official divorce forms: Divorce forms (Hawaii courts) Uncontested divorce: if your spouse agrees or doesn't respond, the court may skip the hearing and accept proof by affidavit (Haw. Rev. Stat. 580-42(a)).

3. File the papers and pay the fee, or ask for a waiver

   File with the Family Court of the circuit where you live. Can't afford it? Ask the family court to let you file without paying the fee (in forma pauperis).

4. Serve your spouse

   Your spouse must be personally served with the complaint and summons, or can sign an Appearance and Waiver.

5. Your spouse responds

   Follow the deadline on the summons. The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.

6. Wait out the waiting period

   The law sets no fixed waiting period for a divorce on the ground that the marriage is irretrievably broken.

7. Agree, or go to mediation or a hearing

   Family courts can refer contested custody and property issues to mediation. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.

8. Get the final decree

   The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Usually yes: you can ask the court to restore a former name in your divorce decree.

Free tools for Hawaii

Pre-set for Hawaii. They run in your browser and send nothing.

Divorce timeline estimator for Hawaii

See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.

Grounds for divorce in Hawaii

No-fault ground

the marriage is irretrievably broken (other no-fault grounds: living apart 2+ years, or under a separation decree)

Fault grounds

Not available: no-fault only

Law

Haw. Rev. Stat. 580-41

Property and debts in Hawaii

System

Equitable distribution

The rule

The family court divides and distributes the spouses' property and debts in a way that is just and equitable, considering each spouse's merits and abilities, the condition each will be left in, and the burdens of supporting the children.

Law

Haw. Rev. Stat. 580-47

Alimony (spousal support) in Hawaii

Called spousal support. The court can order support that is just and equitable, looking at factors in the statute such as each spouse's financial resources, ability to meet their own needs, the standard of living, length of the marriage, age, health, and the time needed for training. There is no formula. Haw. Rev. Stat. 580-47.

Children: custody and support in Hawaii

What Hawaii calls custody

custody and visitation (legal and physical custody)

Parenting class

Parents in contested custody cases are often ordered to attend a court parent-education program (such as Kids First on Oahu). Ask your family court.

Child support agency

Hawaii Child Support Enforcement Agency (CSEA)

Serving your spouse in Hawaii

How your spouse gets the papers

Your spouse must be personally served with the complaint and summons, or can sign an Appearance and Waiver. Other methods (mail, publication) need permission or meet court rules.

Time to respond

Follow the deadline on the summons. Hawaii family court rules generally give 20 days after service (not confirmed on an official page we could read).

Law

Haw. Fam. Ct. R. 4, 12

Going back to a former name in Hawaii

Usually yes: you can ask the court to restore a former name in your divorce decree. Ask the family court clerk how to request it on the current forms.

Mediation in Hawaii

Family courts can refer contested custody and property issues to mediation. Ask your family court about local programs.

Free help in Hawaii

• Legal Aid Society of Hawaii
• Hawaii State Judiciary Self-Help

Good to know in Hawaii

• Hawaii dropped its minimum residency period for divorce in 2021: you only need to be domiciled in Hawaii when you file (Haw. Rev. Stat. 580-1, am. L 2021, c 69).
• Hawaii's divorce statute lists 'irretrievably broken' and long separation as the grounds; fault grounds are not listed (Haw. Rev. Stat. 580-41).

Divorce checklist for Hawaii

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Questions about divorce in Hawaii

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