Hawaii

Divorce Law Guide

The facts about divorce in Hawaii

Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptible grounds for divorce vary from state to state.

In Hawaii, a divorce can be completed on average in a minimum of 210 days, with court fees of $175.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in Hawaii for a minimum of six months.

On this page, you can learn about Hawaii's grounds for divorce, how the divorce process works, and about other parts of the divorce process, such as Hawaii alimony calculation, the property division process and more.

One of the interesting things about the state of Hawaii is that it is purely a no-fault state. The courts only recognize irreconcilable differences as a reason for divorce. The spouse must also be separated from the other for 24 months.

The only time that fault is considered is when it comes to alimony and dividing property, which is discusseDELsewhere. The residency requirement is that one of the spouses must have lived in Hawaii for six months to be able to file. The state is considered secure enough that there are online resources to help file for divorce quickly and easily. A lawyer will be able to tell if that option is available.

In state of Hawaii a number of factors are taken into account when ending a marriage.

1. Hawaii Grounds for Divorce FAQ

Is Hawaii a no-fault divorce state?

Hawaii allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in Hawaii may be "irreconcilable differences", or similar grounds.

The state of Hawaii is exclusively a no-fault divorce state, which means that the only grounds for divorce offered on divorce applications are considered no-fault.

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Does Hawaii allow at-fault divorces?

Hawaii does not support traditional at-fault grounds for divorce, instead offering blanket divorce grounds that do not require either spouse to be proved to be at-fault when filing for divorce.

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Does the state of Hawaii allow incompatibility as grounds for divorce?

Yes, Hawaii does allow incompatibility to be used as grounds for having a divorce.

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Can you get a divorce in Hawaii for living separate and apart?

In divorce law, "living seperate and apart" refers to married spouses who are living separate from each other, not engaging in a traditional marital relationship, and do not intend to repair the marriage.

In Hawaii, married couples who have been living separate and apart for a minimum of 24 months may be granted a divorce on these grounds when sued for by either spouse.

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2. Hawaii Divorce Process FAQ

Does state of Hawaii allow legal separation?

Legal separation (otherwise known as "judicial separation") is a legal process that enables spouses to be de facto separated while remaining legally married.

In some cases, Hawaii will grant a judicial separation court order to a married couple who wishes to live separately. This order may settle issues generally handled in a divorce such as property division and alimony. A legal separation may be followed up by a full divorce, or the spouses may later reconcile and end the separation while remaining legally married.

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What's the difference between a divorce and an annulment in Hawaii?

While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void. An annulment makes it legally as if a marriage never took place to begin with.

Generally, annulment is used to conclude a marriage that should not have been legally recognized in the first place, such as a marriage where one of the spouses was unable to consent (by virtue of being underage, due to mental incapacity, or even intoxication), a marriage that was entered into under duress or via fraudulent means, or when one of the spouses was already legally married.

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How long do I have to live in in the state of Hawaii to get a divorce?

The state of Hawaii requires that spouses suing for divorce to have lived in the state for a minimum of six months prior to filing divorce papers. Otherwise, Hawaii courts are not considered to have jurisdiction over the divorce case.

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What is the filing fee for a divorce in Hawaii?

The court fees for filing the paperwork for a basic divorce in a Hawaii court is $175.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.

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How long does it take to get a divorce in Hawaii?

If the process moves along without holdups, the paperwork for a divorce in Hawaii can be processed in a minimum of 210 days. However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer.

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3. Hawaii General Divorce FAQ

Can my spouse stop me from getting a divorce?

Even if one spouse is opposed to getting a divorce, they cannot stop their partner from filing for and receiving a divorce in Hawaii. While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time.