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Hawaii Divorce Records

Divorces in Hawaii are conducted at the request of one or both spouses. The state has a no-fault stance to divorce, meaning you are not mandated by law to prove that your spouse did something wrong to seek a dissolution of your marriage. Parties may request for divorce with the state’s Family Court, provided the petitioner is a resident of the island. Individuals should also meet the residency requirement for divorce if they live on a military base in Hawaii or serve under military orders. Aside from the no0fault approach, if couples have been separated for more than two years, it falls under the grounds for divorce. 

Adultery, desertion, and mental incapacity are also grounds for fault — or no-fault-based divorces in the state. Hawaii divorce records are considered public information. They may be accessed at the courthouse where the divorce was filed, via mail, or online through designated case search portals. Hawaii has a lower divorce rate of about one divorce in every 1,000 residents compared to the national average of 2.4 per 1,000 residents. 

What are Divorce Records?

Hawaii divorce records are documents detailing a marital separation. Records entail divorce certificates, decrees, and details concerning the couple, such as the identities, split assets, children, and the cause of the divorce. Divorce records are maintained for different reasons, including evidence of marriage dissolution should either party want to remarry. They may also be used to enforce the terms of a settlement, including child support. Divorce records may come in handy if either party tries to vary or relitigate a previous agreement.

Hawaii's divorce records also serve research purposes, allowing analysts to map social trends within the state or nationally. Typically, divorce records are created when either party in a marriage files for divorce with the Family Circuit Courts. Should the petitioner’s plea meet the state's legal requirements regarding residency and the grounds for divorce, they will be granted an opportunity to proceed. At the end of the process, the Family Court will issue a divorce decree detailing the particulars of the split. This may include division of assets, alimony, child support, and custody.

The Hawaii Department of Health, vital statistics section keeps divorce records. These may be ordered online, by mail, or in person. The divorce records are also stored by the Family Circuit Courts,  where the case was filed and granted. These documents include the following details:

  • Names of the parties
  • Dates of divorce filing and finalization
  • Address of the parties in the divorce
  • Causes for the divorce
  • Court proceedings like appearances, motions, arguments, testimonies, and decisions

Are Divorce Records Public in Hawaii?

Per the Hawaii Uniform Information Practices Act, Hawaii divorce records are public and may be obtained by all interested parties. Records concerning annulment, divorce, or termination of relationships are stored by the Family section of the Circuit Court where the case was heard or the Vital Statistics Section of the State’s Department of Health. The available information on the records includes the property division orders, custody arrangements, and temporary support.

However, some information in divorce records may not be accessible to the public due to privacy concerns. Case information that involves the identification of minor children, details of domestic abuse, proprietary business data, juveniles, financial accounts, and mental or physical information are considered confidential. According to Rule 79 of the Family Court Regulations, unless provided by rule or statute, requests for a confidential record must be made in writing. They also have to entail the reason for the request.

Divorce Stats and Rates in Hawaii

Hawaii ranks slightly above the national average of 2.4 per 1,000. Though, it has been on a steady decline. In 1990, the rate was 4.6 per 1,000 residents, which reduced to 3.7 in 2002 and below 3.0 going into 2020.

Younger marital unions in Hawaii are more susceptible to divorce. That is the age group between 20 and 29. They have a higher likelihood of divorce compared to those who marry at a later time. This has been attributed to causes such as evolving personal goals, as well as, financial stress.

Grounds for Divorce in Hawaii

Hawaii is a no-fault state regarding divorce, provided one of the spouses in a marriage believes it cannot be salvaged. That means they can file for a divorce even if the other individual does not want one. There is no need to prove that a spouse did something wrong to attain it. The requestor only has to indicate irreconcilable differences.

According to Hawaii code 580-41, a divorce may also be granted if the parties have lived separately following a decree from bed and board given by the courts. Should the term of separation have expired and no reconciliation be effected, the courts may issue a decree of divorce.

Before filing for divorce in the state, either party should have been physically present or continuously domiciled for six months. Similarly, the party filing for divorce should have been present in the Circuit where the complaint for divorce is being filed for at least three months preceding the petition. There is no need for a lawyer when filing for divorce, but it is advisable to consult with one to determine the rights and options present for either spouse.

In Hawaii, the first court provides Ho’Okele, a Family Court Service Center. It issues brochures, court forms, instructions, and other self-help packets, though the service cannot provide legal advice. Aside from no-fault divorce, other permissible grounds for divorce may include:

  • Physical abuse
  • Infidelity
  • Desertion
  • Mental incapacity
  • Illegal intermarriage with a close relative
  • Cruel treatment
  • Prison sentence

How to File for Divorce in Hawaii

Either party should fulfill the requirements for divorce, including being domiciled in the state. That is the area that is considered their permanent home. Alternatively, if one lives on a military base in Hawaii or serves under orders, there are grounds for filing for divorce in the state. To begin, the requestor or their legal representative should fill out the required forms and then file them with the Family Court. There are online packets of divorce forms, which can be downloaded along with the instructions.

Should both parties agree on the terms of the divorce, it is considered uncontested. These divorces do not require the applicant's presence in court if the judge approves the request. It is also significantly cheaper, with fees ranging from $265 to $500 for filing. However, if one files a petition on their own, they can arrange to hand deliver the papers to the sheriff’s office or a neutral party. If they are not present during the filing, one may ask the courts for permission to mail the documents directly to them. It also takes an estimated ten weeks for an uncontested divorce to go from affidavit to review and the judge’s approval.

Hawaii Divorce Decree

Hawaii divorce decrees indicate a final summary or judgment from the Family Courts. They may entail details about the case conclusion, such as child support arrangements, spousal support, division of property, and visitation rights granted by the judge. The divorce decree may only be issued by the courts and is received at the end of the divorce proceedings.

If the divorce was uncontested, meaning it did not go to trial, it was settled, so the decree will have the settlement terms.  The decree will remain on a final judgment basis, though the former couple will have decided on the divorce terms without the court's input. Certified copies of the divorce may be obtained from the Family Courts.

How to Find and Access Hawaii Divorce Records

Hawaii divorce records are generally available to any requestor. They may be reached in person, via mail, and online, depending on the preference of the record seeker.

Offline Access

Divorce records are maintained at the family courthouse where the case was heard. Interested parties may visit the courts and issue a written request to buy the records. That is via the First Circuit legal documentation branch record request for the HCCR form, 1CP858. The requests will be handled on a first-come, first-served basis. As an alternative, requestors may also access divorce records from the Hawaii State Department of Health. The institution will require a completed request form and copies of government-issued identification.

Mail Requests

Individuals may also access divorce records by sending a written request to the Family Courts along with copies of government-issued identification and the required fees. Mail requests can also be issued to the Hawaii State Department of Health. These will be issued to the Research and Statistics Office in Honolulu, along with the required documentation and fees.

Online Access

Parties may access records via the State Judiciary online portal, Ho’ohiki Case search for divorce records. The eCourt Kokua case search platform also offers relevant information for record seekers. If one does not have access to the internet, though, the computers at the family courthouse should provide free access to court records.

 

References:

Counties in Hawaii

List of Content

  1. What are Divorce Records?
    1. Are Divorce Records Public in Hawaii?
      1. Divorce Stats and Rates in Hawaii
        1. Grounds for Divorce in Hawaii
          1. How to File for Divorce in Hawaii
            1. Hawaii Divorce Decree
          2. How to Find and Access Hawaii Divorce Records
            1. Offline Access
              1. Mail Requests
                1. Online Access