Start your divorce online in Hawaii

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.

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.

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.

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.

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).

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.

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.