Hawaii Divorce Records: Official Certificates, Decrees, and Search Options
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A couple is deemed divorced when a court issues a legal termination of the union. The official documentation of this proceeding is referred to as the divorce record. In other words, a Hawaii divorce record serves as proof of the formal dissolution of a marriage. This record may be certified, such as a divorce certificate or divorce decree, or as an uncertified (plain) copy.
Divorce records serve a variety of purposes, both official and personal. They may be used for legal verification, academic or historical research, documentary evidence, or genealogical inquiries. Access to Hawaii divorce records is regulated by court rules.
As reported by the Centers for Disease Control and Prevention (CDC) National Vital Statistics System, Hawaii's divorce rate per 1,000 persons was 3.7 in 2002, 4.0 in 2001, and 3.9 in 2000. No recent statistics have been released by the department.
Official Types of Divorce Documentation in Hawaii
Hawaii provides several types of official divorce documentation, each serving a distinct purpose:
- Divorce Certificate: A divorce certificate is an official document issued by Hawaii's Department of Health, serving as proof that a divorce has been finalized.
- Divorce Decree: The divorce decree, also known as the final judgment of divorce, is the court order that legally ends a marriage. It is issued by the family court that heard the case and is typically used for official legal matters, including immigration procedures, name changes, and subsequent marriages.
- Divorce Case File: A divorce case file contains all documents generated throughout the divorce proceedings. The specific documents included depend on whether the case was contested or uncontested.
The table summarizes divorce documentation types in Hawaii:
|
Document Type |
Issued By |
Purpose |
Contains |
|---|---|---|---|
|
Divorce Certificate |
Official proof of divorce |
Names of both parties, date of divorce, and county where issued | |
|
Divorce Decree/ Final Judgment |
Family Court |
Legally terminates the marriage and specifies the terms of the settlement |
Court rulings, custody and support orders, child custody terms, and property division |
|
Divorce Case Files |
Family Court |
Serves as a complete record of the divorce proceedings |
All filings, including complaints, summons, responses, settlement agreements, and final decrees |
Public Access and Confidentiality of Hawaii Divorce Records
Rule 10 of the Hawaii Court Records Rules grants the public the right to access court records. This means that divorce records, as judicial documents, are ordinarily open to public inspection.
However, privacy and confidentiality safeguards apply in certain cases. Specific details may be restricted and accessible only to the individuals named in the record, their attorneys, or other authorized parties. Information that may be sealed or withheld includes records of minors, sensitive identifiers, and financial statements.
Divorce records are primarily maintained by the Clerk of the Family Court where the case was adjudicated. In addition, the Department of Health in Hawaii, Vital Statistics Section, preserves records of divorces that occurred between January 1951 and December 2002.
Hawaii State Department of Health
Office of Health Status Monitoring
Vital Statistics Section
1250 Punchbowl Street
Room 103 (1st Floor)
Honolulu, HI 96813
Phone: (808) 586-4539
What Information Do Hawaii Divorce Records Include
The details in Hawaii divorce records generally reflect the full course of the legal proceedings. However, the specific information may vary depending on the type of divorce and the county in which the case was filed.
Some information typically found in a Hawaii divorce record includes
- Names of both spouses
- Date of marriage
- County and date of filing
- Grounds or reason for divorce
- Child custody arrangements
- Date of dissolution entry
Procedures for Locating Divorce Records in Hawaii
Different agencies in Hawaii are responsible for maintaining divorce records, primarily the presiding Family Court and the Department of Health. The process for obtaining these records varies depending on the filing year of the case and the specific agency providing the record. The table below outlines the different methods for retrieving divorce records
|
Record Source |
Office or Platform |
Years Covered |
Access Type |
Fees |
|---|---|---|---|---|
|
Vital Records Division |
Hawaii Department of Health |
January 1951 - December 2002 |
Divorce certificates |
$10 for the first certified copy; $4 for each additional copy |
|
Judiciary Portal |
Varies |
Online case search |
Free access for parties to the case; others require a paid subscription Copies: 1-30 pages at $3; over 30 pages at 10 cents for each additional page | |
|
County Clerks |
Family Courts |
All years |
Certified decrees and divorce case file |
Inspection is generally free. However, searches requiring significant staff time or record copies may incur a fee |
|
State Archives |
Department of Accounting and General Services: State Archives |
Case files: 1858-1899 First Circuit Court 1848 -1892 Second Circuit Court: 1848-1900, 1915 Third Circuit Court: 1854-1899 Fourth Circuit Court: 1890-1899 Fifth Circuit Court: 1852-1899 |
Online and manual search |
25 cents per page, or $2.25 per document certification or per 90 pages for large documents |
How to Request Certified Copies of Divorce Records in Hawaii
A certified divorce record is an official, legally recognized version of a divorce record that bears a court or government seal. Certified copies serve as proof of divorce and are often required for legal, financial, or administrative purposes, such as verifying marital status or fulfilling documentation requirements for government processes.
Members of the public who need certified divorce records can request them from one of two sources:
- The Hawaii Department of Health: For divorces finalized between 1951 and 2002.
- The Family Court in the county where the divorce was granted: For all other years.
Below are the steps for obtaining a certified copy of a divorce record from the Family Courts in Hawaii:
Step 1. Identify the Court Where the Divorce Was Finalized
The first step is to determine which Family Court handled the divorce. In Hawaii, divorce proceedings are managed at the county level, and each Family Court maintains its case files and records.
Step 2. Contact the Clerk's Office
Once the appropriate court has been identified, a certified copy of the record can be obtained by contacting the Clerk of the Court. It is advisable to verify the court's operating hours, fees, and accepted payment methods before submitting a request or visiting in person.
Requesters can contact the Family Courts via phone at
- Oahu (Kapolei Judiciary Complex, Legal Documents Branch - Divorce Records): (808) 954-8310
- Maui, Molokai, Lanai, (Hoapili Hale, Legal Documents Branch): (808) 244-2969
- Hawaii Island (Hilo-Hale Kaulike, Legal Documents Branch): (808) 961-7404
- Keahuolu Courthouse: (808) 443-2112
- Kauai (Pu'uhonua, Legal Documents Branch): (808) 482-2330
In most cases (i.e., for in-person or mail requests), requesters will need to submit a written request to obtain divorce records from the courts.
Step 3. Provide Record Details
When completing the request form, requesters are advised to ensure the details provided are complete and precise in order to prevent unnecessary delays. These details include
- Case number. if known
- Case type (divorce)
- Full names of both spouses
- Date and county of the divorce filing or finalization
- The requester's contact information
Step 4. Pay the Required Fee
After submitting the request, one may need to pay the certification and copy fee. For mail requests, the court will send an invoice outlining the total cost and preferred payment method. For in-person requests, payment can usually be made directly at the courthouse.
Note: Requests for records of divorces filed between 1951 and 2002 can be made in person or by mail at the health department. The completed Request for a Certified Copy of Divorce Record can be submitted in person or forwarded to
State Department of Health
Office of Health Status Monitoring
Vital Statistics Section
P.O. Box 3378
Honolulu, HI 96801
In summary:
|
Copy Type |
Where to Request |
Who Can Order |
Legal Use |
|---|---|---|---|
|
Divorce Certificate |
Hawaii Department of Health |
Either spouse or an authorized representative, such as an attorney |
Official proof of divorce for purposes such as remarriage or a legal name change |
|
Certified Decree |
County Clerk/ Family Court |
Either party to the case or the judiciary (as permitted) |
Legal enforcement of court orders, modification of court orders |
Why Search for Divorce Records in Hawaii?
Inquirers may seek divorce records in Hawaii for various reasons, including legal or administrative uses. These requests may arise from genealogical or historical research objectives or from the need to provide official proof of a dissolved marriage, such as to change one's name, remarry, or claim government benefits.
How Long Are Divorce Records Kept in Hawaii?
In Hawaii, divorce court records may be preserved indefinitely or disposed of after a designated time frame, depending on the type of record. The Hawaii Judiciary specifies these time limits in its records retention schedule. According to this schedule, divorce records are retained for 10 years, after which the original documents are either converted into microfilm or digital format, then maintained permanently, unless the court directs otherwise.
Meanwhile, according to the DOH's Records Retention and Disposition Schedules, divorce certificates are maintained permanently.