Why Divorce.com?
Why Choose Divorce.com?
Divorce.com offers fast and inexpensive court papers for uncontested divorces in Hawaii, helping couples avoid expensive attorney fees while maintaining control over settlement terms.
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Hawaii
Divorce Forms
All the forms required
The forms to start a divorce in Hawaii depend on the circumstances, e.g., whether the divorce is amicable or the couple has or doesn't have children.
The basic divorce forms are:
Complaint for Divorce; Automatic Restraining Order; and Summons to Answer Complaint (1F-P-2039)
Matrimonial Action Information (1F-P-082)
Answer to Complaint for Divorce (1F-P-1071)
Appearance and Waiver (1F-P-332)
Proof of Service (1F-P-140)
Income and Expense Statement (1F-P-081)
Statement of Mailing Exhibits "1" and "2" (1F-P-738)
Asset and Debt Statement (1F-P-063)
Ex Parte Motion for Service by Mail and Declaration (1F-P-186a)
Proposed Order for Ex Parte Motion for Service by Mail and Declaration (1F-P-186b)
Motion for Personal Service Without the State & Declaration (1F-P-877)
Ex Parte Motion for Service by Mail and Posting in Lieu of Publication (1F-P-2004)
Statement of Mailing (Form 1F-P-3026)
Affidavit of Plaintiff (for Uncontested Divorce) (1F-P-333)
Divorce Decree (Without Children) (1F-P-1056)
Couples with minor children must additionally file the following papers:
Notice to Attend Kids First (Form with Instructions) (1F-P-787)
Request to be Excused from Attending Kids First (1F-P-835)
Supplemental Affidavit Re: Direct Payment Child Support (1F-P-742)
Proposed Divorce Decree (With Children) (1F-P-746)
Proposed Parenting Plan (Form 1F-P-796)
Proposed Order Regarding Supervised Visitation (1F-P-1053)
Steps to consider
Filing Requirements
Residency Requirements
Hawaiian courts must establish jurisdiction over the divorce proceedings to be able to issue any orders. The jurisdiction is usually based on residency requirements, meaning the spouses must be physically present in the state for a specific time.
Particularly, the spouses can file for divorce in Hawaii if either of them:
has lived in Hawaii for six months before commencing the action;
has lived the preceding three months in the Circuit where they file their application.
Grounds for Divorce
The initiation of divorce must always have a reason (grounds) stated in the Complaint. Hawaii family law provides the following no-fault grounds for divorce:
The irretrievable breakdown of the marriage;
Legal separation with no reconciliation after it ended;
Living apart for two or more years with a decree of separate maintenance;
Living separately for two years before the application with no chance for reconciliation, and it is appropriate to grant a divorce in the current situation.
Initial Filing
A plaintiff must fill out and take the original Complaint for Divorce, along with several other forms, to the court to open a divorce case.
The proper venue to file these papers is a local court in the Circuit where either spouse has lived for three months prior to filing.
If the clerk accepts the papers, they will file-stamp them and assign a case number that the plaintiff must write on the rest of the documents.
Filing Fees
Starting a divorce action always comes with a price tag. When the plaintiff comes to the circuit court and files a Complaint for Divorce, they must pay a filing fee varying from $200 to $300.
The amount depends on whether the couple has minor children (spouses with underage children will pay approximately $50 more).
A person who cannot afford the court fees may request a fee waiver and file the Ex Parte Motion and Affidavit to Waive Filing Fees.
Serving the Respondent
To proceed with the divorce, the plaintiff must provide copies of the Complaint and other filed documents to the defendant. This process is also called the "service."
The lawful ways to serve the papers on the defendant are the following:
Personal service (if the defendant lives in the Circuit where the plaintiff filed for divorce);
Service by mail (if the defendant doesn't live in this Circuit);
Acceptance and waiver (the defendant signs the Appearance and Waiver form).
Waiting Period
There is no waiting period to proceed to a court hearing in Hawaii. However, after the defendant receives the copies of the court forms filed by the plaintiff, they have 20 days to file the response papers.
As soon as they file the answer or sign the acknowledgment of service form (Appearance and Waiver), they can ask for the court date.
In addition, the court might require that couples with minor children attend parenting classes or use mediation and delay the hearing until then.
Finalizing a Divorce Case
When the couple has filed all necessary documents, they can set the final hearing of their case on the Uncontested Divorce by Affidavit calendar. They must also prepare and sign the Divorce Decree and other required forms.
Then, the judge will review the filed papers and decide whether to issue the final judgment. Upon the court approval, the ex-spouses will receive copies of the Decree by mail in four to six weeks.
Filing basics
Filing for Divorce
Hawaii
How to get started
The forms to start a divorce in Hawaii depend on the circumstances, e.g., whether the divorce is amicable or the couple has or doesn't have children.
The basic divorce forms are:
Complaint for Divorce; Automatic Restraining Order; and Summons to Answer Complaint (1F-P-2039)
Matrimonial Action Information (1F-P-082)
Answer to Complaint for Divorce (1F-P-1071)
Appearance and Waiver (1F-P-332)
Proof of Service (1F-P-140)
Income and Expense Statement (1F-P-081)
Statement of Mailing Exhibits "1" and "2" (1F-P-738)
Asset and Debt Statement (1F-P-063)
Ex Parte Motion for Service by Mail and Declaration (1F-P-186a)
Proposed Order for Ex Parte Motion for Service by Mail and Declaration (1F-P-186b)
Motion for Personal Service Without the State & Declaration (1F-P-877)
Ex Parte Motion for Service by Mail and Posting in Lieu of Publication (1F-P-2004)
Statement of Mailing (Form 1F-P-3026)
Affidavit of Plaintiff (for Uncontested Divorce) (1F-P-333)
Divorce Decree (Without Children) (1F-P-1056)
Couples with minor children must additionally file the following papers:
Notice to Attend Kids First (Form with Instructions) (1F-P-787)
Request to be Excused from Attending Kids First (1F-P-835)
Supplemental Affidavit Re: Direct Payment Child Support (1F-P-742)
Proposed Divorce Decree (With Children) (1F-P-746)
Proposed Parenting Plan (Form 1F-P-796)
Proposed Order Regarding Supervised Visitation (1F-P-1053)
Custody Basics
In Hawaii, like in many other states, the court’s main priority is settling child-related issues, such as custody and support. These include the residence of minor children after divorce, a visitation schedule, and the rights and responsibilities of each parent.
The parents may conclude a mutual agreement and present their joint parenting plan to the judge. Otherwise, the judge will issue custody orders according to the children’s best interests.
The types of custody awarded in Hawaii are:
Joint legal custody. Both parents make decisions about the children’s upbringing, including education, medical care, etc.
Sole legal custody. Only a custodial parent can decide how to raise the children.
Joint physical custody. The children spend sufficient time with both parents and may live with each of them in turns.
Sole physical custody. The children live and spend the majority of time with the custodial parent. The other parent may have visitation rights.
The Hawaiian judges will consider the child’s preferences about custody and several important factors, such as:
history of violence, neglect, or abuse
the child’s physical health and emotional needs
the quality of the parent-child relationship
each parent’s mental health
the level of conflict between the parents, etc.
No preference will be given to a parent of a specific gender, so men and women have equal chances to get primary custody.
Uncontested Divorce
An uncontested divorce means the spouses can resolve divorce-related issues without the court’s involvement. In addition, this process is usually quick and inexpensive since couples don’t need to hire an attorney.
Another significant benefit is the control over the divorce outcome. For example, when both parties agree on the terms of their separation, they can decide how to split property or child custody and don’t blindly depend on the court orders.
So, before the spouses file for an uncontested divorce, they must negotiate the following issues and add them to a settlement agreement:
property division (assets, real estate, etc.)
alimony
child custody and support
The best thing about amicable divorces is that the couples only need to collect the court-required paperwork to start the divorce. Unfortunately, while several basic forms may be obtained at self-help centers, others are difficult to find. So, the easiest way to get them is to use Divorce.com.
This platform will generate the papers for your uncontested divorce, fast and inexpensively. Divorce.com will also provide detailed filing instructions to guide you through the initial process.
Support Basics
Under Hawaii state laws, parents must provide for their underage children after divorce. However, only one parent pays child support to the other. Usually, it’s the person with less parenting time. The custodial parent supports the child directly.
The parents can determine the payment amount using the Child Support Guidelines, which are based on both parents’ income and the number of children. The minimum support is $83 per month per child.
The parental agreement with a higher amount of support than determined by the guidelines takes precedence. It means that they can pay more than required but not less.
Child support is terminated when the children turn 18. But the payments continue past the 18th birthday until the children graduate from high school or turn 23, whichever comes first.
