Everything to Know About Divorce in Hawaii
- Prerequisites
- How to file for divorce
- Cost of divorce & filing fees
- Property, assets & debt division
- Alimony
- Child support & custody
- Military divorce
- Separations and annulments
- E-filing
- After divorce
- Legal help and divorce resources
Getting divorced in Hawaii can feel like a lot, but the process is fairly straightforward if you know what to expect. Whether your split is amicable or contested, this guide walks through the basics—residency, filing steps, timelines, custody, property division, and where to get help.
Below you'll find clear answers to the most common questions about divorce in Hawaii, with trusted sources and practical tips.
Prerequisites for divorce in Hawaii
Before filing, you need to meet Hawaii's basic legal requirements.
Residency requirements
One spouse must have lived in Hawaii for at least six months and in the filing county for at least three months before starting the case.
Waiting period
There is no mandatory waiting period in Hawaii. Once papers are filed and served, the timeline depends on whether your divorce is contested or not.
Grounds for divorce
Hawaii is a no-fault divorce state. The only ground needed is that the marriage is "irretrievably broken."
How to file for divorce in Hawaii
- File the paperwork: Start with the Family Court in the circuit where you or your spouse lives.
- Serve your spouse: You must legally notify your spouse unless you’re filing jointly.
- Wait for a response: If contested, your spouse can respond and participate in hearings.
- Hearings or agreements: If you reach an agreement, the court may not require a hearing. Contested cases go to trial.
- Final judgment: Once resolved, the court enters a divorce decree.
Cost of divorce & filing fees
Divorce filing fees in Hawaii are typically around $215 to $250, depending on the court.
Other possible costs:
- Process service
- Parenting class (if children are involved)
- Mediation or legal fees
Fee waivers may be available if you cannot afford the filing fee. Forms are available at Hawaii State Judiciary.
Property, assets & debt division
Hawaii follows equitable distribution rules. This means the court aims to divide assets and debts fairly—not always equally. Separate property (gifts, inheritances, or assets owned before marriage) usually stays with the original owner.
The court looks at:
- Length of the marriage
- Financial and non-financial contributions
- Future earning potential
- Custody of children
Alimony (spousal support)
Hawaii courts may award alimony based on:
- Need and ability to pay
- Standard of living during the marriage
- Length of the marriage
- Health, age, education, and employment capacity
There is no set formula. Awards are based on fairness and case facts.
Child support & custody in Hawaii
Custody The court decides based on the best interest of the child. Parents may be awarded:
- Joint legal or physical custody
- Sole custody to one parent, with visitation for the other
Support Child support is calculated using the Hawaii Child Support Guidelines. Factors include:
Estimate support at the Hawaii Child Support Enforcement Agency.
Military divorce in Hawaii
Service members or spouses stationed in Hawaii can file for divorce in the state. Federal protections under the Servicemembers Civil Relief Act (SCRA) may apply.
Legal separation and annulment
- Legal separation: Hawaii recognizes this as a formal court process. You stay legally married but live separately.
- Annulment: Only granted in rare cases, such as fraud, incest, bigamy, or lack of consent.
Can you file for divorce online in Hawaii?
Some forms and instructions are available online, but e-filing is not yet statewide. You may still need to submit documents in person depending on your circuit.
After divorce: what happens next?
- Name change: You can request this in your divorce decree.
- Taxes: Update filing status after the divorce is final (in that tax year).
- Support modifications: File a motion if custody or support needs to change.
- Estate planning: Update wills, insurance, and retirement accounts.
Legal help and divorce resources
- Hawaii State Judiciary – Divorce Forms & Info
- Hawaii Legal Aid
- Hawaii Child Support Enforcement Agency
- Hawaii State Bar Association – Lawyer Referral
Divorce in Hawaii can move quickly if uncontested, but every case is different. When kids, property, or conflict are involved, getting clear legal advice early can save time and money later. Hello Divorce can help. See our plans and services.
