Hiring a Divorce or Family Lawyer in Hawaii
How divorce lawyers in Hawaii charge, the state's filing rules, how to check a lawyer's license, and free or low-cost family law help. We do not recommend or rank lawyers.
What a lawyer costs in Hawaii: fee rules
| Rules on contingency fees | Hawai'i requires the scope, fee basis or rate and expenses to be communicated in writing (except for regularly represented clients or matters costing $250 or less), and fee agreements may not call any fee non-refundable or earned on receipt. A contingent fee agreement must be in a writing signed by the client stating how the fee is figured, including percentages on settlement, trial or appeal, which expenses are deducted and whether before or after the fee is calculated, and clearly telling the client which expenses they owe regardless of outcome; at the end the lawyer must give a written statement of the outcome and the client's share. Under Rule 1.5(e), contingent fees are banned for criminal defendants and for domestic relations fees contingent on a divorce or the amount of alimony, support or property settlement. |
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| If you disagree with a lawyer's bill | Fee disputes are usually not handled by the lawyer discipline system unless a fee appears clearly unreasonable; they are referred to the Hawai'i State Bar Association's voluntary Fee Dispute Program, which is limited in scope and jurisdiction. Contact the program liaison at 808-792-7350 to see whether a dispute qualifies; forms come from the liaison. Mailing address: HSBA Fee Dispute Program, 1100 Alakea Street, Ste. 1000, Honolulu, HI 96813. |
| If a lawyer takes your money | The Lawyers' Fund for Client Protection, created by the Hawai'i Supreme Court in 1981 and funded by an annual attorney fee, is a last resort for clients who lost money, property or other value through a Hawai'i lawyer's dishonest conduct (such as embezzlement, refusing to refund unearned fees, or borrowing with no intent or ability to repay). The lawyer generally must be deceased, bankrupt, incompetent, disbarred, suspended or resigned, convicted, gone from Hawai'i, or subject to a judgment for dishonest conduct. Negligence, malpractice and fee or service-quality disputes are not covered. Limits: up to $100,000 per claimant or $300,000 per attorney. The Judiciary page says claims must be filed within two years of the loss. Five Supreme Court-appointed trustees decide claims with help from ODC. |
Hawaii rules to know first
| Residency requirement | 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 current text of HRS § 580-1 itself says divorce jurisdiction lies in the circuit where the filer is domiciled when filing; the 6-month and 3-month periods are as stated by the Judiciary's self-help page. |
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| Filing fee | 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. The fee schedule read does not describe the fee waiver process. |
| Uncontested divorce | 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. |
Find and check a lawyer
| Lawyer referral service | The Hawaii State Bar Association's Lawyer Referral & Information Service (LRIS) gives you the names and contact information of panel attorneys who handle your type of matter. "The referrals are free"; you contact the referred attorney to learn whether they can help and to arrange their terms and costs. Phone (808) 537-9140, email LRIS@hsba.org, Monday-Friday 8:30 a.m.-4:30 p.m. |
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| Check that the lawyer is licensed | The Hawai'i State Bar Association (HSBA) Member Directory lists every lawyer licensed to practice law in Hawai'i. Search by first and last name; each profile shows basic contact information and whether the attorney can actively practice law in Hawai'i. The HSBA notes that using "Esq." does not mean a person is licensed. |
| Check discipline history or file a complaint | Complaints about Hawai'i lawyers go to the Office of Disciplinary Counsel (ODC) of the Disciplinary Board of the Hawai'i Supreme Court. Use ODC's optional sample form or a letter (one per lawyer), sign it, and mail or deliver the original to ODC, 201 Merchant Street, Suite 1600, Honolulu, HI 96813; fax and email are not accepted. Include the lawyer's name, the facts and dates, and any case number; send copies, not originals, of documents. Investigations are free to the complaining party and there is no filing deadline, though filing early is advised. Outcomes include dismissal, a private informal admonition or formal charges; serious sanctions are decided by the Hawai'i Supreme Court. The Disciplinary Board posts lists of disciplined and inactive attorneys. ODC: (808) 521-4591 or toll-free (888) 206-5622. Disciplined and inactive attorneys: https://dbhawaii.org/disciplined-hawaii-attorneys/ |
Free legal help
| Free legal aid | For people who cannot afford a lawyer, the Hawaii Judiciary lists the Legal Aid Society of Hawaii (the state's LSC-funded legal aid organization), which helps with divorce, public benefits, landlord-tenant and consumer problems: Oahu (808) 536-4302, Neighbor Islands toll-free 1-800-499-4302. Volunteer Legal Services of Hawaii helps with landlord-tenant, wills, domestic violence, divorce and other family matters: Oahu (808) 528-7046, Neighbor Islands toll-free 1-800-839-5200. The Judiciary also runs Self-Help Centers and Access to Justice Rooms. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Hawaii · Do I need a lawyer?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.