Divorce in Hawaii
Hawaii allows both no-fault and fault-based grounds for divorce. The state uses equitable distribution for property division and requires at least one spouse to have been a Hawaii resident for six months. Hawaii refers to divorce as a 'dissolution of marriage.'
Quick Facts
Residency Requirement
6 months residency required
Waiting Period
None specified
Filing Fee
$200-$300
Property Division
equitable distribution
Grounds for Divorce
- β’Irretrievable breakdown
- β’Separation for 2 years
- β’Adultery
- β’Desertion
Key Facts
- β Hawaii uses the term 'dissolution of marriage' instead of divorce
- β At least one spouse must have resided in Hawaii for 6 months
- β Property is divided by equitable distribution
- β Hawaii has no mandatory waiting period after filing
- β Mediation is encouraged for disputes involving children
Child Custody
Hawaii courts determine custody based on the best interests of the child. The state encourages joint custody arrangements and considers the child's wishes, each parent's ability to cooperate, and any history of family violence.
Alimony / Spousal Support
Hawaii courts may award spousal support based on the financial needs of one spouse and the ability of the other to pay. The court considers the standard of living established during the marriage, the duration of the marriage, and each party's resources.
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Common questions about divorce in Hawaii
Hawaii does not have a mandatory waiting period after filing for divorce. However, the process itself takes time for service, response, and court scheduling. An uncontested divorce may be finalized in a few months.
Hawaii uses equitable distribution, meaning marital property is divided fairly based on factors like each spouse's contributions, the length of the marriage, and each party's financial situation. The division may not be exactly 50/50.