Ready to start your Hawaii divorce? Download the official forms today and take the first step.
Get your divorce papersWhat Divorce Papers needs to be valid in Hawaii
- You or your spouse must have lived in Hawaii for at least 6 months before filing for divorce.
- You must state the grounds for divorce, which in Hawaii includes irreconcilable differences (no-fault) or other specified reasons.
- If you have children under 18, you must complete a parenting plan and attend a divorce education class if required by the court.
- Hawaii requires both spouses to sign a notarized settlement agreement for uncontested divorces.
- You must file the required forms with the Family Court in the circuit where you or your spouse reside.
- Properly serve your spouse with divorce papers unless you both file jointly or waive service.
How to set up a Divorce Papers in Hawaii
- Determine if you meet Hawaii's residency requirements by checking if you or your spouse have lived in the state for at least 6 months.
- Download or obtain the official divorce forms from the Hawaii State Judiciary website or your local Family Court. Look for forms like the 'Complaint for Divorce' and 'Summons.'
- Fill out the forms carefully, providing details about your marriage, property, debts, and if applicable, your parenting plan and child support information.
- Sign the forms before a notary public, as Hawaii requires notarization for many divorce documents.
- File the completed forms with the appropriate Family Court and pay the filing fee. If you cannot afford the fee, you can apply for a fee waiver.
- Arrange for service of the divorce papers on your spouse. Unless you are filing jointly, you must have someone over 18 (not you) deliver the papers. Alternatively, your spouse can sign a waiver of service.
How much it costs
The filing fee for divorce in Hawaii varies by county but generally ranges from $150 to $250. Additional costs may include fees for notarization, copying, and service of process. If you qualify for a fee waiver based on income, you may not have to pay these fees.
Before You Start: Hawaii Divorce Papers Checklist
Prepare for a smoother filing by gathering the right documents and understanding Hawaii's specific requirements. This checklist covers the essentials for an uncontested divorce.
- Meet Hawaii's residency requirement: either you or your spouse must have lived in Hawaii for at least 6 months before filing.
- Have your marriage certificate (certified copy) and information about your spouse (full legal name, date of birth, Social Security number) ready.
- Gather financial documents: recent tax returns, pay stubs, bank statements, retirement accounts, and property deeds to accurately complete the financial disclosure forms.
- Decide on the grounds for divorce: Hawaii is a no-fault state, so 'irreconcilable differences' is common and doesn't require proving wrongdoing.
- Fill out the forms fully—incomplete filings are a common reason for rejection. Use black or blue ink, and sign with your legal signature where required.
- Remember that Hawaii does not require notarization for most divorce forms, but some counties may have local rules; check with the family court in your circuit.
Questions people ask
How long does a divorce take in Hawaii?
An uncontested divorce in Hawaii can be finalized in as little as 30 days to a few months, depending on the court's schedule and how quickly you complete the paperwork. If your divorce is contested, it can take much longer.
Do I need a notary for divorce papers in Hawaii?
Yes, Hawaii requires that most divorce documents, including the settlement agreement, be notarized. This is to verify your identity and that you signed voluntarily.
Can I file for divorce without a lawyer?
Absolutely. Hawaii allows you to file for divorce on your own (pro se). The court provides forms and instructions, but if you have complex issues, it's wise to consult an attorney.
What is an uncontested divorce in Hawaii?
An uncontested divorce in Hawaii is one where both spouses agree on all issues, including property division, debts, child custody, and support. You can file together or one spouse files and the other doesn't contest it.