Divorce in Hawaii

How to file for divorce in Hawaii

1. Check residency. 6 months in Hawaii and 3 months in the filing circuit before filing.
2. Prepare and file the Complaint for Divorce with the Family Court in your county. The filing fee is typically $215 to $265, and you can ask for a fee waiver if you cannot afford it.
3. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
4. Exchange financial disclosures. Both spouses must exchange income and expense declarations along with a schedule of assets and debts.
5. Settle the issues in a written agreement, and a parenting plan if you have children.
6. Wait out the waiting period. None; the court can grant a divorce as soon as filing and service are complete. Then ask the court for your final judgment.

Residency and grounds

Residency: 6 months in Hawaii and 3 months in the filing circuit before filing.

Grounds: No-fault only. You do not need to prove anyone did anything wrong.

Separation: None required for a standard no-fault divorce, though a completed court-ordered legal separation with no reconciliation can itself serve as a ground for divorce.

How property is divided

Hawaii uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.

Custody and child support

Parenting terms: Hawaii uses the terms legal custody and physical custody. Every decision is made in the child's best interests.

Parenting class: Required statewide in most circuits; divorcing parents (and children ages 6 to 18 in most circuits) must attend the Kids First Program before a decree involving children is entered.

Child support: Hawaii uses the Melson model, which first reserves a basic amount for each parent's own needs, then applies a percentage to the remaining income. Try the child support calculator.

Spousal support

Spousal support is discretionary rather than automatic; courts weigh one spouse's need against the other's ability to pay, with no fixed formula.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

Uncontested divorce by affidavit: Available when both spouses agree on all terms, letting the court grant the divorce based on sworn affidavits without a court hearing.

Legal separation: available in Hawaii, for couples who want support and parenting orders without ending the marriage.

How long it takes

The minimum is set by the waiting period: none; the court can grant a divorce as soon as filing and service are complete. A typical timeline is 6 to 10 weeks uncontested; 6 months to 2 years or more contested. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in Hawaii

• The filing fee is $215 without minor children or $265 with minor children, which includes a mandatory $50 Kids First surcharge.
• Hawaii is one of a small number of states using the Melson Formula, a more detailed version of the income shares child support model.
• Hawaii has no mandatory waiting period, making it one of the fastest states for an uncontested divorce once paperwork is filed and served.

Official resources

Official forms and instructions come from Hawaii's courts. Sources we reviewed:

• courts.state.hi.us
• findlaw.com

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.