Hawaii Divorce FAQS

The quickest way is to request it through the Hawaii Department of Health, Vital Records Office. You can order online through the state’s official portal, in person at the Honolulu office, or by mail. Online orders are typically processed fastest, though fees apply.

Only certain parts of divorce records are public in Hawaii. While the divorce certificate is generally available, detailed filings like financial statements, custody arrangements, and personal data are restricted to the parties, attorneys, or the court.

No. Hawaii is a no-fault divorce state, meaning you only need to state that the marriage is “irretrievably broken.” You don’t have to prove fault such as adultery or abandonment.

At least one spouse must live in Hawaii for six months before filing. In addition, you or your spouse must live in the county where you file for at least three months before submitting paperwork to Family Court.

Not automatically. A business is treated as marital property if it was started or grew during the marriage. The court uses equitable distribution, which means your spouse may receive a share of the business value or other assets of equivalent value, but not necessarily half.

Courts often require a formal business valuation by a financial expert or CPA. They consider assets, debts, income, market conditions, and whether marital funds or efforts contributed to the business’s growth.

A divorce is considered high net worth if the marital estate includes substantial assets, such as multiple properties, businesses, investments, or retirement accounts. These cases matter because they involve complex property division, tax implications, and sometimes international holdings.

Proper documentation is critical. You should distinguish separate property (owned before marriage or received as inheritance/gift) from marital property. Courts may require professional appraisals, and prenuptial or postnuptial agreements can also protect investments.

Military divorces can be delayed under the Servicemembers Civil Relief Act (SCRA) if one spouse is deployed. Base assignments may also affect jurisdiction and child custody arrangements, since military families often relocate.

Yes, military pensions earned during marriage are usually treated as marital property under Hawaii law and may be divided in divorce. Division follows both federal rules (USFSPA) and Hawaii’s equitable distribution principles.

No. Same-sex couples follow the same divorce laws as heterosexual couples in Hawaii. Property division, custody, and support are all handled under the state’s family law statutes.

Generally, one spouse must still meet Hawaii’s six-month residency rule to file. If neither spouse lives in Hawaii, you may need to file in your current state, even if the marriage was originally performed in Hawaii.

Yes. Hawaii historically reports lower divorce rates than the national average, though rates vary by age and county. Cultural influences, smaller population, and family-centered traditions may contribute to this trend.

Like much of the U.S., the highest rates are often among couples in their late 20s to early 40s, when financial and family pressures peak. However, gray divorces (over 50) have been steadily increasing in Hawaii, reflecting national patterns.

While Hawaii law does not require proving fault, common real-life causes include financial strain, infidelity, military relocations, lifestyle differences, and communication breakdowns. Stress from high living costs in Hawaii is also a frequent factor.

Judges consider the length of the marriage, financial resources, standard of living, contributions of each spouse, custody and child support needs, and the division of marital property. The principle of equitable distribution guides most decisions.

Uncontested divorces may finalize in a few months, while contested cases involving property or custody disputes can take a year or more. Timelines depend on complexity and whether both spouses cooperate.

Divorces must be filed in the Family Court of the circuit where you or your spouse has lived for at least three months. Hawaii has four circuits: Oʻahu (First Circuit), Maui, Hawaii Island, and Kauaʻi.

Yes. Couples who agree on all terms can file a joint petition for uncontested divorce, which often speeds up the process and avoids court hearings.

A certified divorce certificate provides official proof that your marriage has ended. It is required for changing your name, remarrying, updating Social Security, or modifying tax and financial accounts.

You can request a replacement from the Hawaii Department of Health, Vital Records Section, either online, by mail, or in person. Fees apply for each certified copy.

Forms vary by county but generally include a Complaint for Divorce, Summons, and Financial Information Sheet. Additional forms apply for cases involving children, such as custody and support worksheets.

Once divorced, you can no longer file jointly. You may file as single or head of household if you meet requirements. Property division, spousal support, and custody arrangements may also affect tax obligations.

Hawaii uses an income-shares model. Support amounts are based on both parents’ incomes, the number of children, and time-sharing arrangements. Shared custody often reduces but does not eliminate support.

Support generally ends at 18, but it continues until 19 if the child is still in high school. It may also extend until age 23 if the child is enrolled full-time in college or vocational school.

Yes. The state provides a Child Support Guidelines Worksheet that estimates obligations based on income, custody, and expenses. However, final amounts are approved by the Family Court or Office of Child Support Hearings.