Do I need a reason to get divorced in Hawaii?
No.
Hawaii is considered a "no-fault" divorce state.
You do not need to prove, for example, that your spouse had an affair, physically assaulted you, or stole money from you.
To get divorced in Hawaii, you need to prove one of three things to the court:
- The marriage is irretrievably broken
- You and your spouse have been living apart for at least 2 years and there is no reasonable likelihood that you will resume living together in the future
- A Hawaiian court—or a court in another state—has entered a separation decree, the parties have been living apart, and you and your spouse have not reconciled.
My spouse does not want to get divorced. Does that matter?
No.
Because Hawaii is a no-fault divorce state, you do not a reason to file for divorce.
By this same logic, your spouse's desire to remain married cannot override your decision to get divorced.
At most, the court can delay the case and suggest the parties go to counseling if your spouse denies under oath that your marriage is irretrievably broken. But a court can't order counseling
How much does it cost to file for divorce in Hawaii?
The filing fee depends on whether you and your spouse have minor children. If you do, the filing fee is $265. If not, the filing fee is $215.
You will likely have to pay additional fees to serve your spouse with copies of the divorce paperwork. How much you'll need to pay for service depends primarily on whether your spouse will put up a fight in accepting the paperwork.
Do I have to live in Hawaii to file for divorce in Hawaii?
Yes.
Under Hawaii law, either party must have been residing in Hawaii for a continuous period of at least 6 monthsbefore filing a complaint for divorce.
There are four (4) circuit courts in which you can file for divorce – Oahu, Maui, Hawaii, and Kauai. You must also have been living within the circuit for at least 3 months before your file for divorce in that county.
Military duty also counts toward the state or circuit residency requirements.
Example #1: You and your husband have lived in Honolulu for the past 5 years. In August 2025, the two of you move to Maui. Two months later, you separate. Can you file for divorce in Maui?
No. You have not lived long enough in Maui. You must file for divorce in the Oahu First Circuit Court.
Example #2: You and your spouse live in Washington. Your spouse is an active-duty Army officer and has been stationed at Schofield Barracks for the past year. After you separate, you move back to Minnesota. Can you still file for divorce in Hawaii?
Yes. Because your spouse has been a resident of Oahu for over 6 months.
Do I have to remain in Hawaii after I file for divorce?
No.
So long as one of you meets the pre-filling residency requirement, you can move to another state or country after filing.
In other words, you do not have to stay in Hawaii after you start your divorce case.
We were married in another state. Can we still get divorced in Hawaii?
Yes.
So long as you meet the pre-filing residency requirements, you can get divorced in Hawaii if you were legally married in another state or even outside the United States.
How long do I have to be separated to get divorced?
In Hawaii, you do not have to be separated to file for divorce.
Most of our clients have already moved out before starting the divorce process, but this is not a legal requirement. All you have to prove to get divorced is that your marriage is irretrievably broken, and you may know this before you or your spouse physically separate.
Can I file for divorce if my spouse does not live in Hawaii?
Yes.
You can file for divorce in Hawaii if your spouse lives in the mainland or even in another country.
However, the court may not have personal jurisdiction over a non-resident spouse. This may limit the court's ability to award spousal support, alimony, or divide your marital property.
Whether a court has personal jurisdiction over your spouse is a more complicated question.
Does Hawaii have personal jurisdiction over my spouse in a divorce case if my spouse does not reside in Hawaii?
Maybe.
To be able to exercise jurisdiction over a non-resident spouse, your spouse must have certain business or personal connections with the State of Hawaii.
Courts refer to these connections as minimum contacts.
Put another way, a Hawaii court cannot exercise personal jurisdiction over a non-resident spouse unless the spouse has minimum contacts with the State of Hawaii.
Minimum contacts include:
- Your spouse conducts or transacts business in Hawaii
- Your spouse has committed a tortious act (i.e., negligence, assault) in Hawaii
- Your spouse owns or possesses real estate or other property in Hawaii
Example #1: You and your spouse have separated. You live in Hilo. Your husband lives in Washington, D.C, but the two of you still co-own a restaurant on the Big Island. You initiate initiate divorce proceedings in the Third Circuit Court.
Hawaii has personal jurisdiction over your spouse because you have an active business in this state.
Example #2: You and your spouse met in South Korea, where you were both working at the time. Six months later, you moved to Honolulu together.
After a year, you separate. Your wife purchases a rental property on the island but later moves back to Korea. You file for divorce in the Second Circuit Court in Maui.
Hawaii has personal jurisdiction over your wife because she owns real estate in Hawaii.
How do I serve my spouse with divorce paperwork?
If your spouse resides in Hawaii, then you must hire a professional process server to personally serve the divorce complaint and summons on your spouse.
Personal service means your spouse is hand-delivered copies of the summons and divorce complaint. This could be at her home, work, a public park, or at a restaurant.
Exceptions: There are two major exceptions:
- Hiring a process server would not be “feasible” or would be “inconvenient.
This means, for example, you live in a rural area where process servers aren't available. In these cases, you could enlist a family member or a friend to serve divorce paperwork on your spouse.
Before you can go with a non-professional, however, you need court approval. This means you need to file a motion with the court explaining why you meet the “not feasible” or “inconvenient” tests.
- Your spouse does not reside in the circuit in which you have filed for divorce.
For example, you have initiated divorce proceedings in Honolulu but your spouse lives in Kauai.
If this exception applies—and you first secure court approval—you can serve your spouse by registered or certified mail (return receipt requested).
To be effective, your spouse must sign the return receipt himself, not someone else who lives with your spouse.
Can I email the divorce documents to my spouse if he or she is avoiding service?
No, unless your spouse agrees to be served by email.
This might seem surprising, given how prevalent email is today and given how much more wary we are of in-person contact, having lived through the COVID-19 pandemic. But unfortunately, that's the law in Hawaii.
If you cannot locate your spouse after diligent efforts for over 15 days, you can ask the court for approval to publish the divorce complaint and summons in a local newspaper for 3 consecutive weeks. In this case, service by publication is the equivalent of serving your spouse personally.
Can I serve the divorce papers myself?
No.
Only a non-party to the case who is over the age of 18 can serve divorce papers under Washington law.
How do I serve my spouse in a foreign country?
If your spouse lives in a foreign country, you will have to comply with The Hague Service Convention, an international treaty.
In some countries, like Canada, you may be able to work directly with an international process server. In other countries, you will have to contact the government directly. The process is time-consuming, detail-oriented, and potentially very costly.
This is because you have to navigate Hawaii law, federal law, and international law, and understand the interplay between all three.
How long does my spouse have to respond to my divorce petition?
Your spouse has 20 days to file a written response to your divorce petition.
