Divorce
HRS 580-41 — a marriage that is irretrievably broken, or two years apart
- The family court grants a divorce on either spouse's application where the marriage is irretrievably broken.
- Or where the spouses lived apart under a decree of separation whose term has expired, without reconciling.
- Or where they lived apart for two years or more under a decree of separate maintenance.
- Or where they lived apart for a continuous two years or more before the application, cohabitation is not reasonably likely to resume, and a divorce on that ground would not be harsh and oppressive to the other spouse.
Who handles this in Hawaii: Hawaii State Bar Association, Lawyer Referral and Information Service; and legal aid programs and the state offices, listed in the Hawaii directory.
Where both spouses state under oath that the marriage is irretrievably broken, or one does and the other does not deny it, the court makes the finding after a hearing, and may waive the hearing on an uncontested complaint and take proof by affidavit. Where one denies it, the court may continue the matter thirty to sixty days and suggest counseling before deciding.
Sources for this section (2)
- HRS 580-41 — Divorce
- HRS 580-42 — Irretrievable breakdown
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.