Hawaii Divorce Records

According to recent data from the National Center for Family & Marriage Research, Hawaii has a divorce rate of 14.19 divorces per 1,000 married women, slightly below the national average of 14.56 divorces per 1,000 married women. Hawaii is a no-fault divorce state, meaning that there is no requirement to prove misconduct (on the part of a spouse) as the cause for the marriage's end. The majority of the divorces in the state are filed on the grounds of the "irretrievable breakdown" of the marriage; however, divorces may also be granted on the grounds of separation.

Divorce costs are typically influenced by several factors, such as whether the divorce is uncontested or contested and the complexity of the issues being disputed, as well as whether attorneys and/or mediation are involved, and subsequent related expenses. Nonetheless, the average cost of a divorce in Hawaii is estimated to be around $9,240 per person (this is also below the national average, which is estimated to be around $9,969 per person).

Are Divorce Records Public in Hawaii?

Divorce records are generally considered public documents in Hawaii and may be inspected and copied by interested parties, per the state's Uniform Information Practices Act (UIPA). However, it should be noted that the UIPA also restricts access to certain personal (and sensitive) information contained within these divorce records, such as Social Security numbers, financial account details, and medical or mental health information. Likewise, access to records of cases involving minors or abuse, as well as sealed divorce records, is typically limited to authorized parties, including the parties involved in the case, their legal representatives, and individuals with a valid court order granting them access to the records in question.

What Is Included in Hawaii Divorce Records?

Divorce records in Hawaii are official documents that detail key information about divorce proceedings held in the state. These records are primarily categorized into the following types:

• Divorce Decrees: A divorce decree is the final judgment issued in a divorce proceeding that officially terminates the marriage. This document contains pertinent information, such as the names of the divorcing parties, the date and location of the divorce, and the terms of the court's decision, including rulings on child custody, child support, spousal support (alimony), property division, and any other obligations. Divorce decrees are maintained by the Family Court that handled the divorce proceedings.
• Divorce Case Files: A divorce case file is a comprehensive collection of all court records associated with the divorce case, and typically includes documents like the divorce petition, response, affidavits, motions, agreements, court orders, transcripts, and the final judgment (divorce decree). These files are also held by the Family Court in the respective judicial circuit where the divorce case was heard.
• Divorce Certificates: A divorce certificate contains basic information about a divorce proceeding, such as the names of the divorcing parties, the date of the divorce, and the location where it was granted. These documents are maintained by the Hawaii Department of Health.

How Do I Find Hawaii Divorce Records?

Hawaii divorce records can typically be accessed locally through the Family Court in the circuit where the divorce was finalized. Some records may also be obtained from the state's Department of Health; however, availability via this option may be limited. Certified copies of Hawaii divorce records are typically required for various official and legal matters, such as:

• Providing proof of divorce for remarriage or immigration
• Updating government-issued IDs and legal documents
• Facilitating name changes
• Enforcing or modifying custody, child support, or alimony orders
• Settling estates and administering wills or trusts
• Accessing pension and insurance claims/benefits, and other similar matters

Look Up Hawaii Divorce Certificate

You may access Hawaii divorce certificates through the state's Department of Health; however, it should be noted that the availability of records held by this agency is limited to certificates of divorces that occurred across the state from January 1951 to December 2002.

Copies of these certificates may be obtained in person at the Department of Health's office located at:

You will typically be required to complete a Request for Certified Copy of Divorce Record Form, provide a copy of a valid government-issued photo ID, and pay a non-refundable $10 fee. Note that requesters who wish to obtain more than one copy of the same record will be charged an additional $4 for each extra copy.

Requests may also be made by mailing the completed form, along with the necessary fees and supporting documentation, to the department at:

You may contact the Hawaii Department of Health at (808) 586-4539 or via email for assistance, including checking the status of your order.

Look Up Hawaii Divorce Decree

Hawaii divorce decrees are maintained by the state's judicial branch, and copies of these documents may be obtained by submitting a records request directly to the Family Court in the judicial circuit where the divorce was granted. Specific procedures vary by circuit, but you will typically be required to provide details such as the full names of the parties, the approximate date of the divorce, and the case number (if available), and pay a copy fee. It is advisable to contact the appropriate Family Court in advance to confirm their request procedures and associated fees.

Look Up Hawaii Divorce Court Records

While the Hawaii State Judiciary does not typically make whole divorce case files available to the general public, interested parties may access court records contained within these files. Requests for these records may be made directly to the Family Court where the divorce proceedings took place or online using the state judiciary's eCourt Kokua system (however, the online option may only be used for divorce cases filed after April 25, 2022). You will typically be asked to provide information to enable a search for the required records, such as the names of the spouses and case number, and pay a search and/or copy fee. Contact the appropriate Family Court for more information.

Can You Seal Divorce Records in Hawaii?

Divorce records in Hawaii may be sealed if there is a valid and compelling reason to restrict access to the record, such as to protect the privacy of minor children and victims of abuse, or to prevent the public disclosure of sensitive financial, medical, or proprietary information.

To request a divorce record sealing in Hawaii, you must file a formal motion with the Family Court that handled the divorce. The motion must detail the reasons for the request and may include affidavits or documentation supporting the need for confidentiality. The court will review the motion and may schedule a hearing to consider arguments from both sides. The judge will then balance the request for privacy against the public's right to access court records. If the court determines that sealing is warranted, it will issue an order specifying which portions of the record are sealed and outlining any restrictions on access.

How Long Does a Divorce Take in Hawaii?

The length of time required to finalize a divorce in Hawaii largely depends on whether the case is contested or not. Uncontested divorces (divorces where both parties agree on all the terms) are typically finalized within 6 - 10 weeks. On the other hand, contested divorces (where the couple disagrees on key issues like custody and property division) typically take much longer, sometimes up to a year or more.

It should be noted that, even though Hawaii does not have a mandatory waiting period before divorce decrees may be issued after divorce papers are filed, the state requires time limits before these decrees can take effect. Per Hawaii Revised Statutes Section 580-45, any divorce decree issued in the state after a full hearing does not typically don't take effect immediately; instead, the court will set a date for its finalization, and this must be within one month from the decree's issuance.

Does Hawaii Require Separation Before Divorce?

Hawaii does not require a legal separation period before a couple may file for divorce. Notwithstanding this, courts may grant divorces to couples who have spouses have lived separately for at least two years without reconciliation.

How Are Assets Split in a Hawaii Divorce?

Hawaii follows the principle of equitable distribution when dividing property in a divorce. Per state law, when a divorce is granted, the court may issue orders for the just and equitable division of the couple's assets and debts, including real estate, personal property, and joint holdings (whether community, separate, or joint) between both parties. When issuing these orders, the court is expected to consider several factors, including each spouse's abilities and financial situation, how the divorce will impact both parties, and any responsibilities related to childcare. The court also evaluates whether either party hid assets or income, violated a restraining order, and any other relevant circumstances specific to the divorce case.

Who Gets Custody of a Child in Divorce in Hawaii?

Child custody in Hawaii is divided into two main categories - legal custody and physical custody:

• Legal custody deals with decision-making custody and refers to a parent's right to make major decisions about the child's welfare, including education, healthcare, and religion.
• Sole Legal Custody: one parent has exclusive decision-making authority.
• Joint Legal Custody: both parents share decision-making responsibilities (note that one parent may be designated the "tie-breaker" for disputes).
• Physical custody deals with living arrangements and determines where the child primarily lives:
• Sole Physical Custody: The child lives with one parent most of the time, while the other parent typically has visitation rights.
• Joint Physical Custody: The child splits time between both parents (note that each parent may not be awarded equal "parenting time" with the child).

Historically, Hawaii courts often favored mothers in custody cases, following the Tender Years Doctrine, which presumed that mothers were better suited to care for young children. However, in recent years, state law has shifted toward a gender-neutral approach rather than automatically favoring one parent. To this end, courts now prioritize the best interest of the child (as outlined in Hawaii Revised Statutes Section 571-46) when making custody decisions, with a preference for joint custody unless there is a valid reason why one parent should not have custody.

Notwithstanding this, fathers in Hawaii may still face challenges in securing equal parenting time. Studies indicate that Hawaii fathers receive approximately 31% of parenting time (around 113 days per year) following a divorce, which is below the national average of 35%. Some factors that courts consider when determining the best interests of a child and making custody decisions include:

• The child's emotional ties and relationship with each parent
• Each parent's ability to provide a stable home
• Any history of abuse, neglect, or substance issues
• The child's wishes (if they are mature enough)