Access Free Hawaii Divorce Records & Dissolutions of Marriage

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Free Hawaii Divorce Record Search

Find out if someone in Hawaii is divorced, free of charge.

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Find free Hawaii divorce records with guidance provided in this streamlined resource.

Divorce and dissolution of marriage documents are accessible due to the Hawaii Uniform Information Practices Act (UIPA), which guarantees public access to important personal, family and legal records created or held by the state government.

Moreover, modern electronic database technology and the widespread availability of the internet mean it’s no longer necessary to mail in a request or show up in person to request a divorce decree from the local county courthouse. Instead, you can quickly and conveniently request the public divorce records you need using an online form.

This resource has the information you need to perform low-cost or free public divorce records searches for residents of Hawaii.

An Overview of Divorce Record Availability in Hawaii

The Hawaii Uniform Information Practices Act was passed into law in 1975 with the goal of guaranteeing public access to all important personal, business, and legal documents.¹

Note that Hawaii’s UIPA requires all government records to be available to the public unless access is specifically restricted by law, including marriage and divorce documents.

The Office of Information Practices (OIP) in Hawaii is responsible for making government records available for public inspection.

All government records are theoretically available for public perusal, but any documents that involve and may potentially interfere with current or ongoing government programs and/or activities may be withheld, as may any government records where the release would result in a violation of personal privacy regulations.

Like most states, the general public in Hawaii only has limited access to information about the current and past marital status of state residents (i.e., marriage licenses and divorce certificates).

In most cases, only the couple (or a designated individual with “power of attorney”) can access government documents containing more detailed personal information, such as prenuptial agreements, child custody arrangements, or a final divorce decree listing all the financial details of the separation.

Current laws in Hawaii require that detailed marriage-related documents and birth and death records be protected as personal and confidential information for 75 years from the date of the event. This means that only the two individuals involved or a legally authorized representative can access these divorce records during the 75-year confidentiality period.

Also keep in mind that divorce documents before 1978 can be accessed through the online databases maintained by the  Digital Archives of Hawaii (Judiciary Catalog).

Although third-party providers may be able to provide you with a non-certified copy of a divorce record in Hawaii for a fee, unless you are just doing family genealogical research, you will probably need a certified copy.

To make sure you are receiving a certified copy of a divorce decree, you should order it directly from the circuit court where the decree was issued or from the Hawaii Department of Health — Vital Statistics Section (only for divorce decrees issued from July 1951 to December 2002).

According to  2021 U.S. Census Bureau data, the divorce rate in Hawaii was 5.8 per 1000 women above the age of 15.

Hawaii divorce statistics reflect the national trend toward a lower divorce rate, given the rate dropped from 6.6 per 1000 women above the age of 15 in 2011 to just 5.8 per 1000 women above the age of 15 in 2021.

According to the  State of Hawaii Department of Health, Vital Statistics Section, there were 20,771 total marriages in 2022.⁴ Given there were 1105 same-sex marriages that year, that means that 5.3% of the total marriages in Hawaii in 2022 were same-sex marriages.

Hawaii’s divorce rate of 5.8 per 1000 women above the age of 15 is notably less than the national average of 6.9. Hawaii ranked 40th among U.S. states in divorce rate in 2021.

How To View & Obtain Free Hawaii Divorce Records

You can obtain vital records such as divorce documents directly from the Hawaii Department of Health (DOH), Vital Statistics Section.

The Hawaii DOH provides a convenient online portal to order copies of vital records. However, to take advantage of this service, users must sign up for an online account.

Keep in mind the Hawaii DOH can only provide copies of divorce documents issued from July 1951 to December 2002.⁶ The state of Hawaii stopped maintaining divorce statistics at the end of 2002, so divorce records after 2002 must be requested from the circuit court from which they were issued.

The Hawaii DOH vital records fees are $10.00 for the first copy of the document you are requesting and $4.00 for each additional copy. There is also a $2.50 administrative fee for the first five copies and an additional $2.50 administrative fee for each additional set of up to five documents.

You may also file a request in person with a local Hawaii DOH office. It is generally a good idea to schedule an appointment and make sure to indicate the exact document you are looking for at that time. You can make appointments online, or by phone at 808-586-4539, or by email at [email protected].

Or you can mail in a form to request a copy of a divorce certificate to:

Hawaii State Department of Health
Office of Health Status Monitoring
Issuance/Vital Statistics Section
P.O. Box 3378
Honolulu, HI 96801

Please note this mailed request should include the completed form, as well as a copy of the requester’s state ID and a cashier’s check or money order to pay the fees (no personal checks).

The fees are the same for online and in-person requests for copies of vital records.

It currently takes 6-8 weeks to receive vital records ordered by mail from the Hawaii DOH.

There are  four “circuit court systems” in Hawaii, and similarly to many other states, these circuit courts undertake the roles of both county courts, state courts and district courts.⁷ Each “circuit” has its own district courts, family courts and circuit courts, which are overseen by the Intermediate Court of Appeals and the Hawaii Supreme Court.

• The First Judicial Circuit includes the island of O`ahu and other islands not assigned to a specific circuit.
• The Second Judicial Circuit includes the islands of Maui, Moloka`i, Lana`i, Kaho`olawe and Molokini.
• The Third Judicial Circuit includes the island of Hawai`i.
• The Fifth Judicial Circuit includes the islands of Kaua`i and Ni`ihau.

Historical note: The Fourth Circuit Court was consolidated into the Third Circuit Court in 1943.

The easiest way to order divorce records in Hawaii is to use the new “eCourt Kokua” online document ordering system.

With the eCourt Kokua online document ordering system, you can request copies of any documents produced or stored by the state court system of Hawaii, including marriage and divorce records filed through the Family Court system.

In most cases, public case documents are available for regular copies (with just a file stamp) or for certified copies (with certified stamps) when using eCourt Kokua.

Publicly available documents can be downloaded for a fee through the eCourt Kokua system. Just click on the PDF icon for the document of interest on the case dockets tab to select it for download. Note that individual documents up to 30 pages in length are charged at a flat rate of $3, and any documents longer than 30 pages are charged an extra 10 cents for each additional page.

You can also purchase a $125 quarterly subscription ($500 annual subscription), which permits unlimited downloads of publicly available documents during the subscription period.

You can also request copies of legal documents by mail or in person at the various courthouse locations of the First through Fifth Circuit Courts (including branch locations).

First Circuit Court of Hawaii
Ka’ahumanu Hale Circuit Courthouse
777 Punchbowl St
Honolulu, HI 96813-5093

Phone: 808-539-4767

Second Circuit Court of Hawaii
Hoapili Hale Circuit Courthouse
2145 Main Street
Wailuku, HI 96793-1679

Phone: 808-244-2969

Third Circuit Court of Hawaii
Hale Kaulike Circuit Courthouse
777 Kilauea Avenue
Hilo, HI 96720-4212

Phone: 808-961-7400

Fifth Circuit Court of Hawaii
Pu’uhonua Kaulike Building Courthouse
3970 Ka’ana St
Lihue, HI 96766-1256

Phone: 808-482-2330

Nearly all of the circuit court courthouses and branch locations in Hawaii also offer computer terminals where the public may access and read legal documents for free. You may also download documents of interest based on the eCourt Kokua fee schedule noted above.

You can learn more about how to locate historical divorce records below.

Finding Free Divorce Archives in Hawaii for Genealogy Purposes

For those interested in historical divorce records throughout Hawaii, the  Digital Archives of Hawaii (Judiciary Catalog) maintains a database of divorce case files from 1845 to 1978.

These case files include at least an application for divorce, the final decree, and statements from one or both parties. The case file will typically contain information including the date of marriage, residence while married, reasons for divorce, and child custody arrangements.

The Digital Archives of Hawaii catalog maintains historical judicial records (including divorce case files) for all of the Circuit Courts in Hawaii.

Local libraries are also great resources for copies of old newspapers, which often publish birth, marriage and death information regarding local residents. Also, keep in mind that church records and family bibles are both excellent sources for genealogical information on divorces.

GoldenWest Marketing (GWM) also maintains a  large database of links to libraries that have collections of genealogical material.

The GWM genealogical database includes links to the Daughters of the American Revolution Genealogical Library, the Genealogical Library of the Church of Jesus Christ of Latter-Day Saints, the New England Historical Genealogical Society Library, and the municipal library system of almost every city in the United States.

Many genealogy experts suggest that you begin almost any genealogy project using the “Resources for Genealogists” page at the National Archives.⁹ The National Archives include millions of useful census, military, immigration, naturalization, and land records that will get you off to a good start in drawing your family tree.

How To Access Information About Annulments of Marriage in Hawaii

Hawaii does not recognize “common law marriages”, so the only two ways to legally effect the termination of a marriage in Hawaii are divorce or annulment.

An annulment basically voids a marriage, making it like it never legally occurred in the first place, but contrary to general public belief, you cannot get an annulment simply due to a very short and unhappy nuptial term. The very few specific reasons to qualify for an annulment are detailed in Hawaii Revised Statutes, section 580-21.

The circuit court where it was issued can provide you with information and documents relating to any annulment of marriage records you seek (see above).

How To File for a Divorce & Address Divorce Petition in Hawaii

Hawaii is a “no-fault” divorce state, which makes it notably easier for either party to file for a divorce in Hawaii. Many states require that one party, in effect, “prove” there is a good reason for the divorce, such as the other partner engaging in infidelity, severe drug abuse, criminal activities or spousal or child abuse.

However, proving “fault” to the other party is not required in Hawaii. Either party may claim “irreconcilable differences” for any reason whatsoever, and there is no legal defense, so a divorce will be granted once the terms have been settled.

The requirements for a divorce are found in § 580-1 et seq. of the Hawaii Revised Statutes.

According to the statute, the only real requirements for a divorce in Hawaii are that one party claims the marriage is “irretrievably broken”, and the couple has lived apart for at least two years.

If the divorce is amicable and uncontested, then it may not be necessary to hire an attorney to represent you in court. That said, if the divorce is unfriendly, and/or the settlement is contested, and especially if there are child custody issues to be worked out with your ex-husband, then you probably should consider hiring an attorney.

If you can’t afford an attorney, you may be able to receive free or low-cost legal assistance from the Legal Aid Society of Hawaii or Volunteer Legal Services Hawaii.¹⁰ Unrepresented litigants can also get more information and support from the Family Court Service Center and the Kapolei Access to Justice Room (KAJR).

If it is a simple, uncontested divorce, you can start the process of filing a divorce in Hawaii by completing the forms provided by each of the four circuit courts.¹¹

Filing for a divorce in Hawaii requires a $100 initial fee, a $65 surcharge, and a $50 computer use fee. An additional $50 parent education surcharge also applies if either party has minor children.

This adds up to a total of $215 in court fees for a divorce without minor children or a $265 total fee for a divorce involving minor children.

It is possible to get divorced in Hawaii, although you were married in another state or even in a foreign country.

You can learn more about how to file for a divorce in Hawaii, including how to begin the process, from the Hawaii State Judiciary webpage.¹²

Finding out the current or past marital status of someone living in Hawaii isn’t difficult or expensive and will just take a few minutes in most cases. You can find any Hawaii divorce records you seek by using this streamlined resource.