Divorce in Hawaii: Laws, Requirements, and Process
A complete guide to getting a divorce in Hawaii. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 6 months in the state (or 3 months if both spouses reside in the state).
- Waiting period: No mandatory waiting period after filing.
- Filing fee: $200 - $275.
Grounds for Divorce
Hawaii allows no-fault divorce. The no-fault ground is: Irretrievable breakdown of the marriage; living separate and apart for 2 years.
Hawaii is a pure no-fault state. No fault-based grounds are available.
Residency Requirements
6 months in the state (or 3 months if both spouses reside in the state).
Property Division
Hawaii is an equitable distribution state. Hawaii follows equitable distribution. Courts divide marital property fairly, using partnership principles. The court considers the respective merits of each party, the relative abilities of the parties, the condition each party will be in after the divorce, and all other relevant circumstances.
Alimony / Spousal Support
Hawaii courts may award alimony based on the financial resources of each party, the ability of the requesting spouse to meet their own needs independently, the duration of the marriage, the standard of living established during the marriage, the age of the parties, and the custodial responsibilities for children.
Child Custody
Hawaii courts determine custody based on the best interest of the child. The court considers the safety of the child, the quality of the parent-child relationship, any history of domestic violence, and each parent's ability to cooperate and communicate.
Child Support
Hawaii uses the income shares model. Child support guidelines consider both parents' gross incomes, the number of children, and additional expenses including health insurance and childcare.
Filing Fee
The filing fee for divorce in Hawaii is $200 - $275. Fee waivers may be available for those who cannot afford to pay.
Hawaii court divorce resources
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in Hawaii?
Hawaii is a no-fault divorce state. Divorce can be granted on grounds of irretrievable breakdown of the marriage or living separate and apart for 2 continuous years. Hawaii does not recognize fault-based grounds for divorce.
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How long do you have to live in Hawaii to file for divorce?
At least one spouse must have been a resident of Hawaii for at least 6 months before filing. If both spouses reside in Hawaii, the requirement is reduced to 3 months.
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How is property divided in a Hawaii divorce?
Hawaii uses equitable distribution with a partnership approach. Courts divide marital property fairly, considering the merits and contributions of each spouse and the circumstances of each party after the divorce.
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How long does a divorce take in Hawaii?
Hawaii has no mandatory waiting period after filing. Uncontested divorces can be finalized in approximately 2 to 4 months. Contested cases can take 6 months to over a year.