Hawaii Divorce Laws: Residency, Waiting Period, Custody and Support
Hawaii divorce rules: residency requirement, grounds, waiting period, filing fee, property division, alimony, custody, child support and uncontested divorce.
Quick answers for Hawaii
- Residency requirement
- In general, either spouse must have been domiciled or physically present in Hawaii for a continuous period of at least 6 months before the Complaint for Divorce is filed. HRS § 580-1; Hawaii State Judiciary, Facts about Getting a Divorce in Hawaii
- Waiting period
- The divorce statutes read do not set a fixed waiting period after filing. The divorce decree takes effect at a time the court sets, which can be no more than one month after the decree date. HRS § 580-45; Family Court of the First Circuit, Uncontested Divorce (with Children) Checklist and Instructions (1F-P-3066)
- Dividing property
- Upon divorce, the court divides the spouses' property (whether community, joint, or separate) and assigns responsibility for debts in a way that is just and equitable. HRS § 580-47(a)
- Filing fee
- The Family Court filing fee for a divorce (or civil union divorce) is $215 with no minor children: a $100 initial filing fee, a $65 surcharge and a $50 computer system surcharge. Hawaii State Judiciary, Family Court Filing Fees (effective 6/17/22, Act 91 of 2022)
- When child support ends
- Support is ordered for minor children, and the court may also order support for an adult child or an incompetent adult child, before or after the child reaches the age of majority (18). Haw. Rev. Stat. § 580-47(a); 2024 Hawai'i Child Support Guidelines, Part A (Adult Children)
Last verified: 2026-10-27
Filing for divorce
| Residency requirement | In general, either spouse must have been domiciled or physically present in Hawaii for a continuous period of at least 6 months before the Complaint for Divorce is filed. The spouse who files must also have been domiciled or present in the circuit (island court) where the case is filed for at least 3 months before filing. People living on a military base or in Hawaii under military orders can meet these requirements. The current text of HRS § 580-1 itself says divorce jurisdiction lies in the circuit where the filer is domiciled when filing; the 6-month and 3-month periods are as stated by the Judiciary's self-help page. |
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| Grounds for divorce | Hawaii is a no-fault state. The court grants a divorce if the marriage is irretrievably broken, or if the spouses have lived apart under a separation decree that has expired, under a separate maintenance decree for 2 years or more, or for a continuous 2 years or more with no reasonable likelihood of getting back together. Only one spouse needs to believe the marriage cannot be fixed. If one spouse denies under oath that the marriage is broken, the court may continue the case 30 to 60 days and suggest counseling. Source: HRS §§ 580-41, 580-42 |
| Waiting period | The divorce statutes read do not set a fixed waiting period after filing. The divorce decree takes effect at a time the court sets, which can be no more than one month after the decree date. In an uncontested case where the other spouse does not respond within 20 days after being served, the filer may go forward by default. |
| Filing fee | The Family Court filing fee for a divorce (or civil union divorce) is $215 with no minor children: a $100 initial filing fee, a $65 surcharge and a $50 computer system surcharge. If either spouse has minor children (from this marriage or another relationship), a $50 parent education surcharge is added, for a total of $265. There is no fee for motions in a divorce case. The fee schedule read does not describe the fee waiver process. |
| Uncontested or simplified divorce | Family Court has forms and instructions for uncontested divorces, where both spouses agree to the divorce and have settled all issues. The other spouse signs an Appearance and Waiver, or the case can proceed by default if the spouse does not respond within 20 days after service. The court may waive a hearing on an uncontested divorce and accept proof by affidavit; a judge reviews the documents and grants or denies the divorce. |
| Divorce forms | The Hawai'i State Judiciary posts Family Court divorce forms for each circuit on its Court Forms page; divorce self-help packets are also available at Ho'okele or the Family Court Service Center. On O'ahu (First Circuit), uncontested divorce packets start with the Uncontested Divorce Checklist and Instructions (1F-P-3066 with children; 1F-P-3067 without children) and include the Complaint for Divorce; Automatic Restraining Order; and Summons to Answer Complaint (1F-P-2039), Matrimonial Action Information (1F-P-082), Income and Expense Statement (1F-P-081), Asset and Debt Statement (1F-P-063) and a proposed Divorce Decree; parents also file the Notice to Attend Kids First (1F-P-787), a proposed Parenting Plan (1F-P-796) and child support forms. The Judiciary also links to Hawaii Self-Help Interactive Forms. Divorce overview: https://www.courts.state.hi.us/self-help/divorce/how_to_proceed |
Property and alimony
| Dividing property | Upon divorce, the court divides the spouses' property (whether community, joint, or separate) and assigns responsibility for debts in a way that is just and equitable. The court considers the respective merits of the parties, their relative abilities, the condition each will be left in, burdens for the benefit of the children, any concealment or failure to disclose income or assets, and all other circumstances. Source: HRS § 580-47(a) |
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| Alimony (spousal support) | The court may order spousal support and maintenance that is just and equitable. Factors include each spouse's financial resources, the ability of the spouse seeking support to meet needs independently, length of the marriage, standard of living, age, physical and emotional condition, usual occupation, job skills and employability, child custody and support responsibilities, the other spouse's ability to pay, and how long the need is likely to last. Support may be ordered for an indefinite period or a set period; if it is tied to training or education, it must last long enough to finish and then find a job. There is no fixed formula. Source: HRS § 580-47(a) |
Children: custody and support
| Child custody | Custody is awarded to either or both parents according to the best interests of the child, and the court may consider frequent, continuing, and meaningful contact with each parent. The statute lists 16 factors, including any abuse or neglect, the quality of the parent-child relationship, caregiving history, each parent's cooperation, the child's physical, emotional, safety and educational needs, sibling relationships, substance abuse, mental health, and the level of family conflict. A finding of family violence by a parent creates a rebuttable presumption against giving that parent sole or joint custody. If a child is old enough to form an intelligent preference, the child's wishes are given due weight; no specific age is set. Source: HRS § 571-46 |
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| Emergency and temporary custody | Under the interstate custody law, a Hawaii court has temporary emergency jurisdiction if the child is present in Hawaii and has been abandoned, or emergency action is needed to protect the child because the child, a sibling or a parent is being mistreated or abused or threatened with it. If another state has jurisdiction, the Hawaii order lasts only for the period the court sets so an order can be obtained from that state. Source: Haw. Rev. Stat. § 583A-204 |
| Parenting class or mediation | In divorces involving minor children on O'ahu (First Circuit), attendance at the Kids First program is mandatory; a date is assigned after the initial documents are filed. A $50 parent education surcharge is added to the filing fee when either spouse has minor children. A party alleging spousal abuse cannot be required to take part in mediation against their wishes. Requirements on the other islands were not confirmed. |
| Grandparents' rights | A grandparent may petition for reasonable visitation only if Hawaii is the child's home state, the grandparent's own child (the child's parent) cannot exercise visitation because of incarceration or death, and denying visitation would cause significant harm to the child. The parent's or custodian's decision is presumed to be in the child's best interest unless rebutted by clear and convincing evidence of significant harm. Source: HRS § 571-46.3 |
Child support
| Child support | Child support is set under the Hawaii Child Support Guidelines (2024, effective April 1, 2024), which the court uses in every case. The guidelines are based on each parent's net income and make sure each parent keeps enough for basic needs, the child's basic needs (including child care and health insurance) are met first, and the child shares in any additional income through a Standard of Living Adjustment. A separate extensive time-sharing calculation applies when a parent has more than 143 overnights a year. The Judiciary offers a fully automated worksheet. Guidelines and automated worksheets: https://www.courts.state.hi.us/child-support-guidelines |
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| How to apply for child support | The Child Support Enforcement Agency (CSEA), part of the Department of the Attorney General, opens a case based on an Application for Services (from either the custodial or noncustodial parent) or a public-assistance referral. Applicants who have never received TANF are charged an annual $35 fee for each federal fiscal year (October 1–September 30) in which at least $500 in support is collected and paid to them. CSEA home: https://ag.hawaii.gov/csea/ |
| When child support ends | Support is ordered for minor children, and the court may also order support for an adult child or an incompetent adult child, before or after the child reaches the age of majority (18). Under the 2024 Hawaii Child Support Guidelines, support past majority is meant to help an unmarried adult child get educated or trained: it may be ordered for an adult child enrolled full time (or accepted and planning to attend full time) in an accredited school, college, university, or vocational or trade school, and it generally ends before or at age 23, decided case by case. Before the child's 19th birthday, the agency sends notice that support will be suspended unless proof of full-time enrollment is provided. Support for an incompetent or disabled adult child can also be ordered. Statute: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0580/HRS_0580-0047.htm. Only the court can establish a new order after the child reaches majority; the agency can only modify or enforce an existing one. |
| Changing a child support order | A material change of circumstances is presumed if support calculated under the current guidelines is at least 10% higher or lower than the existing order; adoption of new or changed guidelines may also justify a review. Either parent may ask the family court or CSEA for a review and adjustment once every three years without showing any change in circumstances, and more often with proof of a substantial or material change. A request to CSEA must be in writing, state the reason, and (unless the person receives TANF) be made by someone who has completed an application for CSEA services. CSEA FAQ: https://ag.hawaii.gov/csea/faqs/orders-processing/ |
| If child support isn't paid | Most enforcement is started automatically by the state's child support computer system; the custodial parent does not need to ask. CSEA's tools include mandatory income withholding, state tax refund setoff, federal tax refund offset, administrative offset of certain federal payments, passport denial (debts over $2,500), Financial Institution Data Match (bank accounts), credit bureau reporting, liens, license suspension and medical support enforcement. Source: Hawaii CSEA, Enforcement |
| State child support agency | The Hawaii Child Support Enforcement Agency (CSEA), a division of the Department of the Attorney General, provides locate, paternity, order processing, enforcement and interstate services. Parents can view their account through the Account Information System ("My Account") at ag-csea.hawaii.gov or the free CSEA Hawaii mobile app, book in-person appointments online, and find payment options on CSEA's Child Support Payment Options page. Call center (IVR): (808) 207-9915; out-of-state toll-free (888) 314-0037. |
| Official child support calculator | The Hawaii State Judiciary publishes the 2024 Hawaii Child Support Guidelines (effective April 1, 2024), which the Family Court, the Child Support Enforcement Agency and the Office of Child Support Hearings must use in all child support cases. Support is computed with the 2024 Child Support Guidelines Excel Worksheets, which calculate automatically, or with printable worksheets: Child Support Guidelines Worksheet (Appendix A-1), Extensive Time-Sharing Worksheet (A-2), Exceptional Circumstances Form (A-3), Non-Taxable & Net Self-Employed Income Worksheet (A-4), Self-Employed Calculation Worksheet (A-5) and Table of Incomes (Appendix B). For help with the worksheets, go to the Self-Help Center on your island. |
Separation, annulment, records and marriage
| Legal separation | Yes. The Family Court may grant a separation from bed and board for up to 2 years when it finds the marriage is temporarily disrupted. When the separation term expires without reconciliation, either spouse may get a divorce on that ground. Source: HRS §§ 580-71, 580-41(2) |
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| Annulment | The Family Court may declare a marriage void for causes that existed at the time of the marriage: close blood relationship; either party under the legal age to marry; a spouse from an undissolved prior marriage still living; lack of mental capacity to consent; consent obtained by force, duress, or fraud with no later cohabitation; or concealment of a loathsome disease unknown to the spouse seeking annulment. Source: HRS § 580-21 |
| Common-law marriage | No. Hawaii does not recognize common-law marriages formed in Hawaii; a marriage must meet the licensing and solemnization requirements of state law. The statute's official annotations note that common-law marriages are invalid; the statute itself does not give an abolition date. |
| Changing your name after divorce | In a divorce, either spouse may ask to resume the middle and last names used before the marriage (or a name used during a prior marriage), and the court includes the change in the divorce decree. The court can also change a minor child's name in the divorce if it is in the child's best interest. Other adult name changes are made by order of the lieutenant governor. Source: HRS § 574-5(a) |
| Divorce records | The Hawaii Department of Health has divorce records only from July 1951 to December 2002; all other divorce records are kept by the court where the divorce took place. The Department's request form lists $10 for the first certified copy and $4 for each additional copy. A copy of a Hawaii court order or decree can be obtained, for a fee, from the Legal Documents Section of the circuit court where the order was issued (for example, First Circuit, Kaahumanu Hale, 777 Punchbowl Street, Honolulu, 808-539-4300). Court copies: https://ag.hawaii.gov/csea/faqs/orders-processing/ |
Marriage and name changes
| Getting a marriage license | Both people must appear, in person or by live online video, before a Department of Health employee or agent authorized to issue licenses, and file a written application with a sworn statement giving each person's full name, date of birth, Social Security number, residence, parents' names and any prior marriages or civil unions and how they ended. The license is valid for 30 days starting on the date it is issued, and then becomes void. The statutory fee is $60, and agents who are not state employees also collect a $5 surcharge. The officiant, both parties and the ceremony must all be physically in the same place in Hawaii. Fee: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0572/HRS_0572-0005.htm |
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| Minimum marriage age | Each party must be at least 16. With written approval of the family court in the circuit where the minor lives, a 15-year-old may marry, but never anyone younger than 15. Anyone under 18 needs the written consent of a parent, guardian or other person with care and custody of the minor, filed with the license application; a minor under the family court's jurisdiction also needs a family court judge's written consent. Consent rules: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0572/HRS_0572-0002.htm |
| Legal name change | In Hawaii, an adult changes his or her name outside divorce by a notarized petition to the Lieutenant Governor, not a court. The nonrefundable filing fee is $50. After the Lieutenant Governor signs the order, a notice of the change must be published once in a newspaper of general circulation, and within 60 days the petitioner must file the newspaper's affidavit of publication with the Lieutenant Governor's office or the petition is void. Publication can be skipped if a prosecuting attorney's affidavit shows it is needed for the petitioner's protection. Registered sex offenders generally cannot change their names this way. Source: Haw. Rev. Stat. § 574-5 |
Adoption, guardianship and paternity
| Adoption requirements | An unmarried adult, a person married to the child's legal parent, or a married couple jointly may petition the family court of the circuit where they live or are in military service, where the child lives or was born, or where the placing agency is located. Written consent is generally required from the birthing parent, a legal, adjudicated or presumed non-birthing parent, a natural parent who showed reasonable interest in the child early on, any person or agency with legal custody, and the child if over 10 (unless the court dispenses with it). Consent is not needed from a parent who, among other grounds, deserted the child for 90 days without identification, surrendered care for two years, or for at least a year failed to communicate with or support a child in someone else's custody when able. Before a decree, the court notifies the Department of Human Services, which investigates the petitioners' fitness and reports, unless the court waives this in the child's best interest. Who may adopt: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0578/HRS_0578-0001.htm ; hearing and investigation: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0578/HRS_0578-0008.htm |
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| Stepparent adoption | A person married to the child's legal parent may petition alone to adopt. The other legal parent must consent unless an exception applies, such as failing for at least a year to communicate with or support the child when able, or having parental rights terminated. The legal parent married to the petitioner must appear at the hearing unless excused. The Department of Human Services investigation applies unless the court waives it in the child's best interest; the statute has no separate automatic waiver for stepparents. |
| Guardianship of a child | A minor or anyone interested in the minor's welfare may petition the court. The court may appoint a guardian if it is in the minor's best interest and the parents consent, all parental rights have been terminated, or the parents are unwilling or unable to exercise their parental rights. Notice goes to the minor (if 14 or older), whoever had primary care during the previous 60 days, and each living legal parent. A parent can also name a guardian by will or other signed writing. A temporary guardian may be appointed for up to 12 months when there is an immediate need, and an emergency guardian for up to 30 days. |
| Guardianship of an adult | The court may appoint a limited or unlimited guardian for an adult only if it finds by clear and convincing evidence that the person is incapacitated and that his or her identified needs cannot be met by less restrictive means, including appropriate and reasonably available technological assistance. Otherwise it may treat the petition as one for a protective order, enter another order, or dismiss. Whenever feasible, the court grants only the powers the person's limitations and needs require, to encourage maximum self-reliance and independence. Source: Haw. Rev. Stat. § 560:5-311 |
| Establishing paternity | Hawaii's parentage law was replaced in 2025 by a new Uniform Parentage Act (chapter 584A). The person who gave birth and an alleged genetic parent (or a presumed or intended parent) may sign a voluntary acknowledgment of parentage, under oath and witnessed; birthing hospitals and centers, midwives, the Child Support Enforcement Agency and the Department of Health offer the form around the time of birth, and completed forms go to the Department of Health. A signed acknowledgment is a legal finding of parentage, but a signer may rescind within 60 days of signing or before an administrative or court proceeding about the child to which the signer is a party, whichever is sooner. After 60 days it can be challenged in court only for fraud, duress or material mistake of fact. In a court parentage case, the court must order genetic testing when a party's sworn statement supports the request. Former chapter 584 was repealed by L 2025, c 298. |
| Emancipation of a minor | A minor is emancipated by a valid marriage or by a family court declaration of emancipation. A minor who is at least 16 may petition the family court in the circuit where he or she lives; the petition must be filed on the minor's behalf by a state agency or the minor's attorney, not by a parent. The court sets a hearing, summons the parents and appoints a guardian ad litem. It must grant the petition if clear and convincing evidence shows the minor is at least 16, a Hawaii resident, living apart from the parents by choice, able to manage his or her financial and personal affairs with lawful income, understands the rights and responsibilities involved, is not acting under duress, and emancipation is in the minor's best interest. An emancipated minor has adult rights for contracts, lawsuits, earnings, residence, medical consent and similar matters, but not voting or buying alcohol or tobacco. Source: Haw. Rev. Stat. § 577-25 |
Where to get help in Hawaii
Divorce & Family Law FAQ
How long do you have to live in Hawaii to file for divorce?
In general, either spouse must have been domiciled or physically present in Hawaii for a continuous period of at least 6 months before the Complaint for Divorce is filed. The spouse who files must also have been domiciled or present in the circuit (island court) where the case is filed for at least 3 months before filing. People living on a military base or in Hawaii under military orders can meet these requirements.
Is Hawaii a no-fault divorce state?
Hawaii is a no-fault state. The court grants a divorce if the marriage is irretrievably broken, or if the spouses have lived apart under a separation decree that has expired, under a separate maintenance decree for 2 years or more, or for a continuous 2 years or more with no reasonable likelihood of getting back together. Only one spouse needs to believe the marriage cannot be fixed. If one spouse denies under oath that the marriage is broken, the court may continue the case 30 to 60 days and suggest counseling.
Is there a waiting period for divorce in Hawaii?
The divorce statutes read do not set a fixed waiting period after filing. The divorce decree takes effect at a time the court sets, which can be no more than one month after the decree date. In an uncontested case where the other spouse does not respond within 20 days after being served, the filer may go forward by default.
How much does it cost to file for divorce in Hawaii?
The Family Court filing fee for a divorce (or civil union divorce) is $215 with no minor children: a $100 initial filing fee, a $65 surcharge and a $50 computer system surcharge. If either spouse has minor children (from this marriage or another relationship), a $50 parent education surcharge is added, for a total of $265. There is no fee for motions in a divorce case.
How do you get an uncontested divorce in Hawaii?
Family Court has forms and instructions for uncontested divorces, where both spouses agree to the divorce and have settled all issues. The other spouse signs an Appearance and Waiver, or the case can proceed by default if the spouse does not respond within 20 days after service. The court may waive a hearing on an uncontested divorce and accept proof by affidavit; a judge reviews the documents and grants or denies the divorce.
Is Hawaii a community property state?
Upon divorce, the court divides the spouses' property (whether community, joint, or separate) and assigns responsibility for debts in a way that is just and equitable. The court considers the respective merits of the parties, their relative abilities, the condition each will be left in, burdens for the benefit of the children, any concealment or failure to disclose income or assets, and all other circumstances.
How is alimony decided in Hawaii?
The court may order spousal support and maintenance that is just and equitable. Factors include each spouse's financial resources, the ability of the spouse seeking support to meet needs independently, length of the marriage, standard of living, age, physical and emotional condition, usual occupation, job skills and employability, child custody and support responsibilities, the other spouse's ability to pay, and how long the need is likely to last. Support may be ordered for an indefinite period or a set period; if it is tied to training or education, it must last long enough to finish and then find a job. There is no fixed formula.
How is child custody decided in Hawaii?
Custody is awarded to either or both parents according to the best interests of the child, and the court may consider frequent, continuing, and meaningful contact with each parent. The statute lists 16 factors, including any abuse or neglect, the quality of the parent-child relationship, caregiving history, each parent's cooperation, the child's physical, emotional, safety and educational needs, sibling relationships, substance abuse, mental health, and the level of family conflict. A finding of family violence by a parent creates a rebuttable presumption against giving that parent sole or joint custody. If a child is old enough to form an intelligent preference, the child's wishes are given due weight; no specific age is set.
How is child support calculated in Hawaii?
Child support is set under the Hawaii Child Support Guidelines (2024, effective April 1, 2024), which the court uses in every case. The guidelines are based on each parent's net income and make sure each parent keeps enough for basic needs, the child's basic needs (including child care and health insurance) are met first, and the child shares in any additional income through a Standard of Living Adjustment. A separate extensive time-sharing calculation applies when a parent has more than 143 overnights a year. The Judiciary offers a fully automated worksheet.
Do you have to take a parenting class to divorce in Hawaii?
In divorces involving minor children on O'ahu (First Circuit), attendance at the Kids First program is mandatory; a date is assigned after the initial documents are filed. A $50 parent education surcharge is added to the filing fee when either spouse has minor children. A party alleging spousal abuse cannot be required to take part in mediation against their wishes.
Can you get a legal separation in Hawaii?
Yes. The Family Court may grant a separation from bed and board for up to 2 years when it finds the marriage is temporarily disrupted. When the separation term expires without reconciliation, either spouse may get a divorce on that ground.
What are the grounds for annulment in Hawaii?
The Family Court may declare a marriage void for causes that existed at the time of the marriage: close blood relationship; either party under the legal age to marry; a spouse from an undissolved prior marriage still living; lack of mental capacity to consent; consent obtained by force, duress, or fraud with no later cohabitation; or concealment of a loathsome disease unknown to the spouse seeking annulment.
Does Hawaii recognize common-law marriage?
No. Hawaii does not recognize common-law marriages formed in Hawaii; a marriage must meet the licensing and solemnization requirements of state law.
Do grandparents have visitation rights in Hawaii?
A grandparent may petition for reasonable visitation only if Hawaii is the child's home state, the grandparent's own child (the child's parent) cannot exercise visitation because of incarceration or death, and denying visitation would cause significant harm to the child. The parent's or custodian's decision is presumed to be in the child's best interest unless rebutted by clear and convincing evidence of significant harm.
How do you change your name back after a divorce in Hawaii?
In a divorce, either spouse may ask to resume the middle and last names used before the marriage (or a name used during a prior marriage), and the court includes the change in the divorce decree. The court can also change a minor child's name in the divorce if it is in the child's best interest. Other adult name changes are made by order of the lieutenant governor.
At what age does child support end in Hawaii?
Support is ordered for minor children, and the court may also order support for an adult child or an incompetent adult child, before or after the child reaches the age of majority (18). Under the 2024 Hawaii Child Support Guidelines, support past majority is meant to help an unmarried adult child get educated or trained: it may be ordered for an adult child enrolled full time (or accepted and planning to attend full time) in an accredited school, college, university, or vocational or trade school, and it generally ends before or at age 23, decided case by case. Before the child's 19th birthday, the agency sends notice that support will be suspended unless proof of full-time enrollment is provided. Support for an incompetent or disabled adult child can also be ordered.
How do I file for child support in Hawaii?
The Child Support Enforcement Agency (CSEA), part of the Department of the Attorney General, opens a case based on an Application for Services (from either the custodial or noncustodial parent) or a public-assistance referral. Applicants who have never received TANF are charged an annual $35 fee for each federal fiscal year (October 1–September 30) in which at least $500 in support is collected and paid to them.
What happens if you don't pay child support in Hawaii?
Most enforcement is started automatically by the state's child support computer system; the custodial parent does not need to ask. CSEA's tools include mandatory income withholding, state tax refund setoff, federal tax refund offset, administrative offset of certain federal payments, passport denial (debts over $2,500), Financial Institution Data Match (bank accounts), credit bureau reporting, liens, license suspension and medical support enforcement.
How do you modify child support in Hawaii?
A material change of circumstances is presumed if support calculated under the current guidelines is at least 10% higher or lower than the existing order; adoption of new or changed guidelines may also justify a review. Either parent may ask the family court or CSEA for a review and adjustment once every three years without showing any change in circumstances, and more often with proof of a substantial or material change. A request to CSEA must be in writing, state the reason, and (unless the person receives TANF) be made by someone who has completed an application for CSEA services.
How do you get emergency custody in Hawaii?
Under the interstate custody law, a Hawaii court has temporary emergency jurisdiction if the child is present in Hawaii and has been abandoned, or emergency action is needed to protect the child because the child, a sibling or a parent is being mistreated or abused or threatened with it. If another state has jurisdiction, the Hawaii order lasts only for the period the court sets so an order can be obtained from that state.
Are divorce records public in Hawaii, and how do I get a copy?
The Hawaii Department of Health has divorce records only from July 1951 to December 2002; all other divorce records are kept by the court where the divorce took place. The Department's request form lists $10 for the first certified copy and $4 for each additional copy. A copy of a Hawaii court order or decree can be obtained, for a fee, from the Legal Documents Section of the circuit court where the order was issued (for example, First Circuit, Kaahumanu Hale, 777 Punchbowl Street, Honolulu, 808-539-4300).
How do you get a marriage license in Hawaii?
Both people must appear, in person or by live online video, before a Department of Health employee or agent authorized to issue licenses, and file a written application with a sworn statement giving each person's full name, date of birth, Social Security number, residence, parents' names and any prior marriages or civil unions and how they ended. The license is valid for 30 days starting on the date it is issued, and then becomes void. The statutory fee is $60, and agents who are not state employees also collect a $5 surcharge. The officiant, both parties and the ceremony must all be physically in the same place in Hawaii.
What is the legal age to get married in Hawaii?
Each party must be at least 16. With written approval of the family court in the circuit where the minor lives, a 15-year-old may marry, but never anyone younger than 15. Anyone under 18 needs the written consent of a parent, guardian or other person with care and custody of the minor, filed with the license application; a minor under the family court's jurisdiction also needs a family court judge's written consent.
What are the requirements to adopt a child in Hawaii?
An unmarried adult, a person married to the child's legal parent, or a married couple jointly may petition the family court of the circuit where they live or are in military service, where the child lives or was born, or where the placing agency is located. Written consent is generally required from the birthing parent, a legal, adjudicated or presumed non-birthing parent, a natural parent who showed reasonable interest in the child early on, any person or agency with legal custody, and the child if over 10 (unless the court dispenses with it). Consent is not needed from a parent who, among other grounds, deserted the child for 90 days without identification, surrendered care for two years, or for at least a year failed to communicate with or support a child in someone else's custody when able. Before a decree, the court notifies the Department of Human Services, which investigates the petitioners' fitness and reports, unless the court waives this in the child's best interest.
How does stepparent adoption work in Hawaii?
A person married to the child's legal parent may petition alone to adopt. The other legal parent must consent unless an exception applies, such as failing for at least a year to communicate with or support the child when able, or having parental rights terminated. The legal parent married to the petitioner must appear at the hearing unless excused. The Department of Human Services investigation applies unless the court waives it in the child's best interest; the statute has no separate automatic waiver for stepparents.
How do you get guardianship of a child in Hawaii?
A minor or anyone interested in the minor's welfare may petition the court. The court may appoint a guardian if it is in the minor's best interest and the parents consent, all parental rights have been terminated, or the parents are unwilling or unable to exercise their parental rights. Notice goes to the minor (if 14 or older), whoever had primary care during the previous 60 days, and each living legal parent. A parent can also name a guardian by will or other signed writing. A temporary guardian may be appointed for up to 12 months when there is an immediate need, and an emergency guardian for up to 30 days.
How do you get guardianship of an adult in Hawaii?
The court may appoint a limited or unlimited guardian for an adult only if it finds by clear and convincing evidence that the person is incapacitated and that his or her identified needs cannot be met by less restrictive means, including appropriate and reasonably available technological assistance. Otherwise it may treat the petition as one for a protective order, enter another order, or dismiss. Whenever feasible, the court grants only the powers the person's limitations and needs require, to encourage maximum self-reliance and independence.
How do you establish paternity in Hawaii?
Hawaii's parentage law was replaced in 2025 by a new Uniform Parentage Act (chapter 584A). The person who gave birth and an alleged genetic parent (or a presumed or intended parent) may sign a voluntary acknowledgment of parentage, under oath and witnessed; birthing hospitals and centers, midwives, the Child Support Enforcement Agency and the Department of Health offer the form around the time of birth, and completed forms go to the Department of Health. A signed acknowledgment is a legal finding of parentage, but a signer may rescind within 60 days of signing or before an administrative or court proceeding about the child to which the signer is a party, whichever is sooner. After 60 days it can be challenged in court only for fraud, duress or material mistake of fact. In a court parentage case, the court must order genetic testing when a party's sworn statement supports the request.
How do you legally change your name in Hawaii?
In Hawaii, an adult changes his or her name outside divorce by a notarized petition to the Lieutenant Governor, not a court. The nonrefundable filing fee is $50. After the Lieutenant Governor signs the order, a notice of the change must be published once in a newspaper of general circulation, and within 60 days the petitioner must file the newspaper's affidavit of publication with the Lieutenant Governor's office or the petition is void. Publication can be skipped if a prosecuting attorney's affidavit shows it is needed for the petitioner's protection. Registered sex offenders generally cannot change their names this way.
How does a minor get emancipated in Hawaii?
A minor is emancipated by a valid marriage or by a family court declaration of emancipation. A minor who is at least 16 may petition the family court in the circuit where he or she lives; the petition must be filed on the minor's behalf by a state agency or the minor's attorney, not by a parent. The court sets a hearing, summons the parents and appoints a guardian ad litem. It must grant the petition if clear and convincing evidence shows the minor is at least 16, a Hawaii resident, living apart from the parents by choice, able to manage his or her financial and personal affairs with lawful income, understands the rights and responsibilities involved, is not acting under duress, and emancipation is in the minor's best interest. An emancipated minor has adult rights for contracts, lawsuits, earnings, residence, medical consent and similar matters, but not voting or buying alcohol or tobacco.
Where can I get divorce papers and forms in Hawaii?
The Hawai'i State Judiciary posts Family Court divorce forms for each circuit on its Court Forms page; divorce self-help packets are also available at Ho'okele or the Family Court Service Center. On O'ahu (First Circuit), uncontested divorce packets start with the Uncontested Divorce Checklist and Instructions (1F-P-3066 with children; 1F-P-3067 without children) and include the Complaint for Divorce; Automatic Restraining Order; and Summons to Answer Complaint (1F-P-2039), Matrimonial Action Information (1F-P-082), Income and Expense Statement (1F-P-081), Asset and Debt Statement (1F-P-063) and a proposed Divorce Decree; parents also file the Notice to Attend Kids First (1F-P-787), a proposed Parenting Plan (1F-P-796) and child support forms. The Judiciary also links to Hawaii Self-Help Interactive Forms.
Who handles child support in Hawaii, and how do I contact them?
The Hawaii Child Support Enforcement Agency (CSEA), a division of the Department of the Attorney General, provides locate, paternity, order processing, enforcement and interstate services. Parents can view their account through the Account Information System ("My Account") at ag-csea.hawaii.gov or the free CSEA Hawaii mobile app, book in-person appointments online, and find payment options on CSEA's Child Support Payment Options page. Call center (IVR): (808) 207-9915; out-of-state toll-free (888) 314-0037.
Is there an official child support calculator in Hawaii?
The Hawaii State Judiciary publishes the 2024 Hawaii Child Support Guidelines (effective April 1, 2024), which the Family Court, the Child Support Enforcement Agency and the Office of Child Support Hearings must use in all child support cases. Support is computed with the 2024 Child Support Guidelines Excel Worksheets, which calculate automatically, or with printable worksheets: Child Support Guidelines Worksheet (Appendix A-1), Extensive Time-Sharing Worksheet (A-2), Exceptional Circumstances Form (A-3), Non-Taxable & Net Self-Employed Income Worksheet (A-4), Self-Employed Calculation Worksheet (A-5) and Table of Incomes (Appendix B). For help with the worksheets, go to the Self-Help Center on your island.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.