Divorce in Hawaii

Hawaii is nicknamed the “Paradise of the Pacific,” but this won’t be the case when faced with a nasty divorce case in Hawaii. Divorce in Hawaii is called “Dissolution of Marriage.”

Filing for divorce in Hawaii requires you to have lived in Hawaii continuously for at least three months before filing. You will be granted a divorce decree after either you or your spouse has lived in Hawaii continuously for at least six months. These Hawaii divorce laws also apply to people in military bases.1

Hawaii is exclusively a no-fault divorce state and doesn’t support traditional at-fault grounds for divorce. The judge will consider your divorce petition if your marriage is “irretrievably broken,” the both of you have lived separately and apart with a legal separation decree, you and your spouse have continuously lived separately for two years before filing and if a judge issued an alimony order while still married and haven’t reconciled after two years.2

Hawaii is an equitable distribution property state, and assets acquired during and prior to the marriage are subject to division. The judge will also factor in non-monetary contributions, contributions to a partner’s education and economic misconduct to ensure the marital property is divided in a manner likely to result in a fair or equitable result for both parties.3

1Haw. Stat. § 580-1(a)

2Haw. Stat. § 580-41

3Haw. Stat. § 580-47