What are Hawaii Divorce Records?

A divorce record is a legal document that contains all the relevant information regarding the dissolution of a marriage and the process of getting a divorce. 

• Record seekers may find the following information in a divorce record: 
• The date the divorce was filed.
• The grounds for the divorce. 
• The date of the first hearing.
• The court’s final judgment 

Marriages in Hawaii fall into two categories: valid and annulled. A valid marriage is one that is legally recognized and binding upon both parties. Such marriages are usually formed through a declaration or ceremony acceptable by the courts. On the other hand, an annulled marriage is invalid from the start. Its invalidity may be due to different reasons, such as fraud, duress, or lack of consent. 

Common grounds for divorce in Hawaii typically come in two ways: no-fault and fault-based divorce. A no-fault divorce occurs when the marriage’s dissolution is the fault of neither party. Essentially, no blame is assigned. However, in the case of fault-based divorces, blame is assigned to a party. 

The divorce process in Hawaii begins with a party filing a petition for divorce at the Family Court in the county where the marriage occurred. The instigating party must then serve the petition to the other party. Both parties may sometimes attempt to mediate or negotiate their differences. However, if there is no resolution, a trial will determine the divorce terms. The court will issue a judgment that officially terminates the marriage and sets forth the terms of any property division, child custody, or spousal support.

Additionally, things such as health issues or criminal involvement may affect divorce proceedings. For instance, a criminal record will most likely affect child custody. It is essential for the parties involved to consult an attorney. 

Note: According to United States Census Bureau data, 6,645 people filed for divorce in 2023, a 12% decrease from the previous year, which saw 7,624 divorces. Of the 6,645 divorced persons in 2023, 3,383 were men, while 3,262 were women.

Are Divorce Records Public in Hawaii?

According to Hawaii’s Uniform Information Practices Act, divorce records are generally deemed public. The Clerk of Court in the county where the divorce occurred is responsible for maintaining divorce records. While divorce records are public in Hawaii, they are not published publicly, such as in a local newspaper. Only the final decree is regarded as a public record. There are also several exceptions to that. For instance, if the divorce record has been sealed, no one can access them. Also, sensitive information like the children's names or financial details is automatically barred from public viewing. 

Interested parties may access divorce records on third-party websites. However, they should note that these websites are limited and may offer inaccurate or incomprehensive information. Furthermore, accessing third-party websites may jeopardize privacy because private data may be disclosed to unidentified parties. It is advised to get divorce records directly from the court clerk to guarantee privacy, accuracy, and completeness.

What Types of Divorce Records are Available in Hawaii?

Interested persons may also request different kinds of divorce records. These include the following:

• Divorce decree: A divorce decree contains the court's final judgments and outlines divorce terms, such as child custody, alimony, and spousal support.
• Divorce certificate: This is a court-issued certified copy of the divorce decree. It serves as proof that both parties are divorced. 
• Associated documents: These may include additional documents related to the divorce, such as financial statements, property appraisals, or custody agreements.

Record seekers may obtain a certified or plain copy of a divorce decree. A certified copy is an official copy stamped and signed by the court clerk. They are used officially, such as to prove one’s marital status. Plain copies, on the other hand, are not certified, and they cannot be used in a legal capacity. Plain records are simply used to provide information.

Additionally, only specific people may access certified copies of a marriage record. Only the parties involved or their authorized representatives may access certified copies of a divorce decree. Anyone may have access to a plain divorce record. 

Divorce records also come in the form of genealogical copies. Genealogical copies are copies of divorce records that are used for research purposes. These copies may be less detailed or have specific information redacted to protect privacy. They are typically used by genealogists and historians to trace family histories.

How Do I Get Divorce Records in Hawaii?

Interested persons may get divorce records directly from the Vital Statistics Section of the Hawaii Department of Health (DOH). The DOH offers an online portal where people can remotely order copies of vital records. However, individuals must sign up and create an account for this portal. It should be noted that the DOH can only give copies of divorce records issued between July 1951 and December 2002. This is because, since 2002, the State of Hawaii stopped keeping divorce records. Requesters may only get divorce records from the circuit court from which they were issued.  

The Department of Health charges $10.00 for divorce records and $4 for each additional copy requested. Record seekers also pay a $2.50 administrative fee for the first five copies and another $2.50 administrative fee for each extra set of up to five documents.

Interested parties may also submit a request in person to a local Hawaii DOH office. Record seekers must schedule an appointment and indicate the document they seek. Appointments may be made online, by phone at 808-586-4539, or by email at doh.issuanceQuery@doh.hawaii.gov. 

Requesters may also 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
PO Box 3378
Honolulu, HI 96801

Requesters should note that the department may reject their requests for various reasons. For example, the department may deny a request if the record is sealed or contains sensitive information. Also, the Department may only accept a request if the requester provides correct or complete information.

Who Can Obtain Divorce Records in Hawaii?

Generally, anyone can obtain divorce records in Hawaii. As a result, all public members can look at what is contained in these records. However, this only applies to informational copies of divorce records. Individuals may only freely access divorce records containing basic information. Access to more comprehensive certified or legal copies is only reserved for authorized persons. 

The following individuals may have access to certified copies of a divorce record. 

• Parties Involved: This included individuals directly involved in the divorce proceedings, such as the divorcing couple.
• Attorneys: Attorneys representing the parties involved in the divorce.
• Court-Ordered Individuals: Individuals who have been granted court permission to access the records, such as investigators or researchers.

Note: Some jurisdictions may have additional restrictions or requirements for obtaining certified or legal copies of divorce records. For the most accurate and up-to-date information, it is always advisable to contact the county clerk's office where the divorce was filed.

Are Hawaii Divorce Records Available Online?

The Hawaii Department of Health Vital Records Section provides an online database for individuals to access divorce records. However, this database only has divorce records from July 1951 to December 2002. To find divorce records post-2002 online, interested parties will have to use country-specific websites. They may also use third-party websites. However, the accuracy of the information on these sites may be varied. The state judiciary also provides an online portal, Hoohiki Case Search, where record seekers can view details about a divorce case.

Individuals will find the following information when searching for divorce records online:

1. Basic Case Details: This includes the names of the parties involved, the date the case was filed, the case number, and the date of the final decree.
2. Court Information: The court where the divorce was filed and the presiding judge.
3. Filing Fees: The fees paid to the court to initiate the divorce proceedings.
4. Docket Entries: A chronological list of events during the divorce case, such as hearings, motions, and orders.

How Do I Seal My Divorce Records in Hawaii?

Like every other public record, a divorce record may be sealed at the request of a record holder. To seal a divorce record, an individual must take the following steps.

1. File a petition: The record subject may file a petition with the court clerk of the county where the divorce was finalized. The petition must indicate they wish to partially or fully seal the divorce record. It must also clearly state the reasons for sealing the record. 
2. Serve the petition: Once the petition has been written and filed to the necessary custodian, a copy must be served to the other party involved in the divorce. 
3. Court hearing: The court will likely schedule a hearing once it has received the petition. This determines whether there are valid grounds to entirely or partially seal the divorce record.
4. Court order: If the court approves the request, it will issue an order to seal the record. 

However, record holders can skip this process for some kinds of information, as they are automatically sealed from the public. For example, the names of children or other details about custody are kept confidential. Financial information, such as alimony payments, is also automatically sealed.

Only authorized individuals may access the record once it has been sealed. This includes the parties involved in the divorce and their legal representatives. If either party wishes to unseal the documents, they must file another petition.

Note: The specific procedures and requirements for sealing divorce records may vary depending on the county where the divorce was finalized in Hawaii. It's advisable to consult with an attorney to ensure that you follow the correct steps and understand the potential implications of sealing your divorce record.