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Hawaii State Laws
Updated for 2026

Hawaii Divorce Laws

Your complete guide to divorce in Hawaii. Hawaii is a no-fault state with no mandatory waiting period.
6 months
Residency Required
None
Waiting Period
Equitable
Property Division
$15,800
Average Cost

Understanding Hawaii Divorce Law

Property Division

Hawaii follows Equitable Distribution. Courts consider all relevant factors for fair division.
Fair Division

Grounds for Divorce

No-Fault: Marriage is irretrievably broken OR living separate for 2+ years. Hawaii is a pure no-fault state.
No-Fault Only

Child Custody

Hawaii encourages joint custody and considers the best interests of the child.
Best Interests

Child Support

Uses the Income Shares Model adjusted for Hawaiis high cost of living.
Income Shares Model

Child Custody Factors

1
Relationship of child with each parent
2
History of caregiving by each parent
3
Emotional ties with family members
4
Safety of child
5
Special needs of the child
6
Each parents history of meeting childs needs
7
Geographic proximity of homes
8
Willingness to support relationship with other parent

Spousal Support

Temporary Alimony

Support during divorce proceedings

Transitional Alimony

Short-term support for adjustment

Rehabilitative Alimony

Support for education or job training

Key Statutes

HRS 580-41
Grounds for Divorce
Irretrievable breakdown or 2-year separation
HRS 580-47
Property Division
Fair and equitable division
HRS 571-46
Child Custody
Best interests of child factors
HRS 576D
Child Support
Child support guidelines

Recent Changes

2024
Child Support Updates
Hawaii updated child support guidelines to reflect current cost of living in the islands.
2023
Virtual Court Options
Expanded remote hearing availability for family court matters.

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