Divorce Law in Hawaii

Ready to Move Forward with Your Divorce in Hawaii?

Divorce is one of the most important legal and personal decisions you’ll ever face. Whether you’re considering filing or already in the process, understanding Hawaii’s divorce laws can help you make confident choices and protect your future.

Learn More

Divorce in Hawaii: The Basics

Hawaii is a no-fault divorce state, meaning you don’t need to prove wrongdoing by your spouse. You simply need to state that the marriage is “irretrievably broken.”

Residency Requirements

  • At least one spouse must live in Hawaii for 6 months before filing
  • You must also live in the county where you file for at least 3 months

Key Facts About Divorce in Hawaii

  • No agreement required: You can file even if your spouse does not consent
  • Property division: Hawaii uses equitable distribution—assets are divided fairly, not always equally
  • Child custody & support: Decided based on the child’s best interests and income-based guidelines
  • Spousal support (alimony): May be awarded depending on marriage length, financial need, and earning capacity

Do I Need My Spouse’s Consent?

No. In Hawaii, you can file for divorce even if your spouse disagrees. The Family Court will proceed once residency and filing requirements are met.

How Long Does Divorce Take in Hawaii?

An uncontested divorce may be finalized in just a few months. Contested cases—those involving disputes over property, custody, or support—can take longer, sometimes a year or more.

I Just Moved to Hawaii. Can I File Right Away?

Not yet. You or your spouse must meet the 180-day residency requirement before filing for divorce in Hawaii. Once that’s met, you can file in the district court of your county of residence.

Hawaii Divorce Process

Step 1: File a Complaint for Divorce

Submit your petition at the Family Court in your county and pay the filing fee.

Step 2: Serve Divorce Papers

Your spouse must be legally served with divorce documents.

Step 3: Financial Disclosure & Agreements

Both spouses must disclose income, property, and debts. Custody, child support, and property division must be addressed.

Step 4: Court Review & Final Decree

The Family Court reviews your paperwork and agreements (or holds hearings if contested). Once approved, you receive your Final Decree of Divorce.