Hawaii Divorce FAQ — Most Common Questions (2026)

The Basics

I heard Hawaii has no residency requirement — is that true? Partially true. A 2021 law change eliminated the prior 6-month residency requirement. Now you only need to be a current Hawaii domiciliary — meaning Hawaii is your permanent home state. You don't need to have lived in Hawaii for any minimum period before filing. If you live in Hawaii now, you can file.

Does Hawaii really have no waiting period? Yes. Hawaii has no mandatory waiting period between filing and finalization. Once paperwork is processed and a hearing is scheduled, the divorce can be finalized. This makes Hawaii one of the fastest states for an agreed divorce.

Which court do I file in? Hawaii's Family Courts are organized by island — called circuits:

• 1st Circuit: Oahu / Honolulu
• 2nd Circuit: Maui (also Molokai and Lanai)
• 3rd Circuit: Hawaii (Big Island)
• 5th Circuit: Kauai There is no 4th Circuit in Hawaii's court numbering system. File at the Family Court in your circuit.

What is the no-fault ground in Hawaii? "Irretrievable breakdown of the marriage." No fault needs to be proven. This is the ground used in most Hawaii divorces.

Property Questions

Where do I record a deed after the divorce? At the Hawaii Bureau of Conveyances — a state-level office that maintains all real property records for the entire state (dlnr.hawaii.gov/boc). Hawaii does not use county recorders. Note: some properties are registered in the Land Court system — confirm before recording.

Is property split 50/50 in Hawaii? No. Hawaii is an equitable distribution state. The court divides marital property fairly based on all relevant circumstances — not necessarily 50/50. Parties can agree to any division in their Settlement Agreement.

What is "spousal support" in Hawaii? Hawaii calls it "spousal support" (not alimony). Courts have broad discretion based on need and ability to pay. No formula — entirely judicial discretion.

Children

Is there a parenting class required? Hawaii does not have a mandatory statewide parenting class requirement. Individual circuits or judges may require a parenting program — check with your circuit's Family Court.

When does child support end? Hawaii child support generally continues to age 18 or through high school. Parents can agree to extend support to age 23 for college attendance.

Last reviewed: March 2026 | 2021 law — no minimum residency | No waiting period | "Irretrievable breakdown" | 1st (Oahu), 2nd (Maui), 3rd (Big Island), 5th (Kauai — no 4th) | Equitable distribution | Spousal support: court discretion | Bureau of Conveyances — state-level | courts.state.hi.us/self-help | legalaidhawaii.org

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.