How to File for Divorce in Hawaii

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 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.

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.

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.

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.