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Hawaii Divorce Law
Skip to...§580-41
Hawaii is a no fault divorce state, meaning there are no fault grounds for divorce under Hawaii law. You can obtain a divorce in Hawaii based on one of two grounds: living separate or an irretrievable breakdown on the marriage. To qualify for a divorce based on living separate, you must meet the following criteria:1. The parties have lived separate and apart under a decree of separation from bed and board entered by any court of law with competent jurisdiction, the term of separation has expired, and no reconciliation has been effected;
2. The parties have lived separate and apart for a period of two years or more under a decree of separate maintenance entered by any court of law with competent jurisdiction, and no reconciliation has been effected; or
3. The parties have lived separate and apart for a continuous period of two years or more immediately preceding the application, there is no reasonable likelihood that cohabitation will be resumed, and the court is satisfied that, in the particular circumstances of the case, it would not be harsh and oppressive to the defendant or contrary to the public interest to a divorce on this ground on the complaint of the plaintiff.
§580-1
Hawaii law requires at least one spouse to have lived in the state of Hawaii for at least six months before filing the Complaint for Divorce. One party must also have lived in the particular circuit where the divorce will be filed for at least three months under Hawaii divorce law.
You can file the divorce petition either in the circuit where the plaintiff lives or where the couple last resided together.
§580-45
Uncontested divorce cases do not necessarily require a hearing under Hawaii divorce law if both spouses agree that the marriage is irretrievably broken.Learn more about the divorce procedure.
There is no simplified dissolution process or joint petition under Hawaii divorce law. One spouse is the plaintiff, and the other is the defendant. The complaint will be served on the defendant and filed with the court.
If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.
© Help Yourself Divorce 2002-2008
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.
This information has been summarized from the Hawaii statutes. You can find the full-text version of these and other Hawaii divorce statutes online here: Hawaii divorce law.
