Grounds for Divorce in Hawaii: No-Fault, Fault and Separation Requirements
Hawaii has four grounds for divorce; the usual one is that the marriage is irretrievably broken, with no separation period. The property statute still weighs the respective merits of the parties.
What are the grounds for divorce in Hawaii?
Four, and the first is the usual one (HRS 580-41).
| Ground | Section | What the statute says |
|---|---|---|
| Irretrievable breakdown | 580-41(1) | The marriage is irretrievably broken |
| After a separation decree | 580-41(2) | Parties lived apart under a decree of separation from bed and board, the term has expired and there has been no reconciliation |
| After separate maintenance | 580-41(3) | Two years or more apart under a decree of separate maintenance with no reconciliation |
| Two years apart | 580-41(4) | Two years or more continuously before the application, no reasonable likelihood of resuming cohabitation, and not harsh and oppressive to the defendant or contrary to the public interest |
Is Hawaii a no-fault state?
Yes for the ground: the court need only find the marriage irretrievably broken. If both parties state it under oath, or one states it and the other does not deny it, the court makes the finding after a hearing it may waive (580-42(a)). Fault still appears in the property statute, as described below.
Is there a separation requirement in Hawaii?
Not for irretrievable breakdown. Only the alternative grounds in 580-41(2)-(4) use separation periods. Use the Hawaii divorce timeline calculator to check the residence rule.
Does fault matter to property and support in Hawaii?
It can. When dividing the estate and setting support, the court takes into consideration the respective merits of the parties, the relative abilities of the parties, the condition in which each will be left by the divorce, the burdens imposed for the benefit of the children, the concealment of or failure to disclose income or an asset, a violation of a restraining order issued under section 580-10, and all other circumstances of the case (580-47(a)). The 13 spousal support factors listed in the same section do not mention fault. See the Hawaii property division calculator and the Hawaii alimony calculator.
Does fault matter to the children in Hawaii?
A court determination that family violence has been committed raises a rebuttable presumption that it is detrimental to the child to be placed in sole custody, joint legal custody or joint physical custody with the perpetrator, and the safety of the child and the victim parent is the primary factor (HRS 571-46(a)(9)). See the Hawaii parenting time calculator.
Can my spouse stop a Hawaii divorce?
Only by persuading the court the marriage is not irretrievably broken. A sworn denial leads to a finding or a continuance of 30 to 60 days, and the court then decides (580-42(b)).
How do the separation-based grounds work in Hawaii?
A divorce can follow a decree of separation from bed and board once its term has expired without reconciliation, or two years or more under a decree of separate maintenance without reconciliation, or two years or more of continuous separation before the application with no reasonable likelihood of resuming cohabitation, where the court is satisfied that it would not be harsh and oppressive to the defendant or contrary to the public interest (580-41(2)-(4)). Most spouses use irretrievable breakdown instead.
Do the grounds change the timeline in Hawaii?
The ground does not change the residence rule. A denial adds a 30-to-60-day continuance; the separation-based grounds depend on court decrees and periods of living apart.
Frequently asked questions
What are the grounds for divorce in Hawaii?
The marriage is irretrievably broken, or one of three separation-based grounds.
Is Hawaii a no-fault divorce state?
Yes for the ground; the property statute still considers the merits of the parties.
Is a separation period required for a Hawaii divorce?
Not for irretrievable breakdown.
Does domestic violence matter in a Hawaii divorce?
A finding of family violence raises a rebuttable presumption against custody with the perpetrator.
Can my spouse stop a Hawaii divorce?
Only by persuading the court the marriage is not irretrievably broken.
Official sources
- HRS 580-1: jurisdiction; hearing
- HRS 580-41: divorce
- HRS 580-42: irretrievable breakdown
- HRS 580-47: support orders; division of property
- HRS 571-46: criteria and procedure in awarding custody and visitation
- HRS 580-56: property rights following dissolution of marriage
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Hawaii statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Hawaii attorney.