Divorce is one of the most significant legal and emotional steps a couple can take. Understanding the Hawaii divorce causes recognized under state law is essential for anyone considering ending a marriage in the islands. Hawaii is unique in its cultural, social, and legal environment, but it follows the same broad principles of U.S. family law. State statutes, combined with court precedent, outline the grounds upon which a person can file for divorce and how those reasons influence custody, property division, and spousal support.
Hawaii is primarily a no-fault divorce state, which means that a spouse does not need to prove wrongdoing to obtain a divorce. Instead, it is often enough to show that the marriage cannot be repaired and is legally considered “irretrievably broken.” However, Hawaii also allows certain fault-based causes of divorce, such as adultery, abuse, or abandonment, if a party wishes to pursue them. Understanding these grounds helps spouses know what to expect when filing a complaint for divorce in Family Court.
This page explains the legally recognized causes of divorce in Hawaii, the process of filing, the difference between no-fault and fault-based divorces, and how issues like custody and child support or spousal support may be influenced by the reasons for divorce.
No-Fault Divorce in Hawaii
The most common divorce cause in Hawaii is the no-fault ground. Under Hawaii law, a spouse can petition for divorce by stating that the marriage is irretrievably broken. This means that there is no reasonable chance of reconciliation and the couple can no longer live together as spouses.
Key aspects of Hawaii’s no-fault approach include:
- No blame required: Neither spouse has to prove misconduct, such as infidelity or abuse, for the court to grant a divorce.
- Simplified process: The absence of fault allegations reduces conflict, making an uncontested divorce more likely.
- Focus on future arrangements: The Family Court emphasizes fair distribution of assets, appropriate spousal support, and custody arrangements rather than focusing on past behavior.
In practical terms, a no-fault divorce allows couples to avoid unnecessary disputes over who caused the marriage breakdown. It is often chosen by spouses who agree that the marriage cannot be fixed and want to move forward with less adversarial proceedings.
Living Separate as a Ground for Divorce
In addition to declaring a marriage irretrievably broken, spouses who have lived apart for a substantial period may also qualify for divorce under Hawaii statutes.
The law recognizes separation as a valid cause when:
- The spouses have lived separate and apart for at least two continuous years.
- During this time, there has been no reconciliation or resumption of marital relations.
- The court finds that reconciliation is unlikely and that granting a divorce is appropriate.
This provision reflects the state’s understanding that prolonged separation demonstrates that a marriage is irretrievably broken even without allegations of misconduct. It is often used when spouses have informally separated but never finalized their divorce until years later.
Fault-Based Divorce Causes in Hawaii
Although Hawaii emphasizes no-fault divorce, it still recognizes fault-based causes. These allow one spouse to argue that the other’s actions directly led to the breakdown of the marriage. Fault grounds can sometimes affect financial awards or custody decisions, though the state generally separates misconduct from property and support rulings.
Common Fault-Based Causes
- Adultery
- Abandonment or desertion
- Physical or emotional cruelty
- Substance abuse
- Mental incapacity
Engaging in an extramarital affair remains a legally recognized cause of divorce. Proving adultery can be challenging and usually requires strong evidence.
If one spouse leaves the marital home without justification and remains absent for at least one year, the other spouse may file for divorce on this basis.
Domestic abuse, whether physical violence or severe emotional harm, is a serious fault-based ground. Documented abuse can also influence custody decisions.
Chronic drug or alcohol addiction that harms the marital relationship may qualify as a cause.
If a spouse has been legally declared mentally incapacitated or institutionalized for at least two years, it can serve as grounds for divorce.
Category | No-Fault Divorce | Fault-Based Divorce |
Legal Standard | Marriage irretrievably broken or spouses lived separate for 2 years | Proof of misconduct such as adultery, abandonment, abuse, or incapacity |
Burden of Proof | Minimal, no evidence of blame required | Requires evidence, often witness testimony or documents |
Common Use | Most divorces in Hawaii | Less common, used in specific disputes |
Impact on Case | Faster, less adversarial | May influence spousal support or custody rulings |
Category | No-Fault Divorce | Fault-Based Divorce |
How Divorce Causes Influence Custody and Support
While Hawaii is a no-fault divorce state, the cause of divorce can still affect how the Family Court addresses related issues.
Custody and Child Support
In cases involving abuse, addiction, or abandonment, the court may limit custody or visitation rights to protect the child’s best interests. Child support will still be determined using state guidelines, but misconduct could affect custody arrangements.
Spousal Support (Alimony)
Hawaii law generally bases alimony on factors like the length of the marriage, the couple’s standard of living, and each spouse’s earning capacity. Fault, such as adultery, usually does not determine alimony awards. However, misconduct that affects financial stability could be considered indirectly.
Division of Property
Property is divided under Hawaii’s partnership model of equitable distribution. Fault is not typically a factor in dividing marital assets and debts.
Filing for Divorce in Hawaii
To begin a divorce case, one spouse must file a Complaint for Divorce in the Family Court of the circuit where they reside. Key requirements include:
Residency
At least one spouse must have lived in Hawaii for six months before filing and in the county of filing for at least three months.
Grounds
The complaint must state whether the divorce is sought on no-fault or fault-based grounds. Most cases simply declare the marriage irretrievably broken.
Uncontested Divorce
If both parties agree on the grounds and the terms of property division, custody, and support, the case proceeds as an uncontested divorce, often finalized in a few months.
Contested Divorce
If spouses disagree on the cause or consequences, hearings are required, and the case may take much longer.
The Family Court’s role is to ensure fairness, protect children, and resolve disputes where agreement cannot be reached.
When to Seek Legal Advice
Although Hawaii law allows individuals to represent themselves in divorce cases, many choose to consult an attorney for legal advice. Divorce can impact long-term financial security, custody rights, and the ability to remarry. An experienced family law attorney can help evaluate whether to pursue no-fault or fault-based grounds, prepare evidence, and ensure compliance with all filing requirements.
Legal aid organizations and Family Court services, such as Ho`okele in Honolulu, also provide resources for individuals who cannot afford private representation.
FAQs About Hawaii Divorce Causes
What are the main causes of divorce in Hawaii?
The most common cause is the irretrievable breakdown of the marriage, recognized under Hawaii’s no-fault divorce law. Other causes include living separate for two years or specific misconduct such as adultery, abandonment, abuse, or substance addiction.
Is Hawaii a no-fault divorce state?
Yes. In Hawaii, you do not need to prove wrongdoing to file for divorce. Stating that the marriage cannot be fixed is sufficient for the court to grant a divorce.
Can fault affect spousal support?
Generally, no. Hawaii courts award spousal support based on financial need, ability to pay, and the couple’s standard of living during the marriage. Fault like adultery usually does not change the award.
Can I get custody if my spouse caused the divorce?
Custody is determined based on the child’s best interests, not marital fault. However, if misconduct such as abuse or neglect endangers a child, it can affect custody and visitation rights.
How long do I need to live in Hawaii before filing for divorce?
To file for divorce in Hawaii, one spouse must live in the state for at least six months and in the county of filing for at least three months before submitting the Complaint for Divorce.
So, What Causes Divorce in Hawaii?
The Hawaii divorce causes recognized by law include both no-fault and fault-based grounds. Most divorces are filed under no-fault, with spouses declaring the marriage irretrievably broken. However, fault grounds such as adultery, abuse, abandonment, or incapacity remain available for those who wish to pursue them.
While the legal cause of divorce does not always affect property division or spousal support, it can influence custody and child support decisions where the welfare of children is involved. Filing a divorce case in Hawaii requires meeting residency requirements, choosing grounds for divorce, and submitting a Complaint for Divorce in Family Court.
Anyone considering divorce should carefully review these causes, understand how they may affect the case, and seek legal advice to protect their rights. Whether the marriage ends through uncontested or contested proceedings, Hawaii law ensures that individuals have the opportunity to dissolve a marriage fairly when it is clear that the marriage is irretrievably broken.