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Find a happier ending at Divorce.comTM Save time, money, and stress, guided by the most experienced team in online divorce

Our online divorce solution launched the industry
SaveYou can save thousands over the typical divorce process
OverMore than 22 years and over 800,000 customers served
No one-size-fits-all plan— you choose the tools you need
Benefits of 
an online divorce

Benefits of an online divorce

Why Choose Divorce.com?

Divorce.com is a fast and inexpensive way to obtain court papers for an uncontested divorce in Hawaii. This service has helped thousands of spouses prepare for divorce and save money on attorneys.

Divorce.com allows couples to avoid hiring expensive lawyers if they only need legal paperwork and their divorce is amicable. This way, they can collect divorce documents and file them with the family court, without a lawyer’s involvement.

The main steps you’ll need to take are very straightforward:

  • Check to see if you can use the service by answering a few simple questions.
  • Complete the online questionnaire consisting of questions about your circumstances and divorce terms.
  • Make changes to your answers as many times as you need to before finishing.
  • Receive the packet of papers prepared in a PDF format in two business days.
  • Download, print, and file them with the local courthouse.

With Divorce.com, your divorce preparations will be effortless and affordable!

Hawaii divorce forms

Hawaii Divorce Forms

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)
Divorce forms preparation

Divorce forms preparation

How to Fill Out Divorce Forms in Hawaii

Obtaining blank divorce forms is only the first step to starting a divorce. In fact, filling them out is just as important. And since this task often causes confusion, here are several tips on how to approach it:

  • Review the forms and decide what information you need to collect to complete them.
  • Find unfamiliar terminology in the legal dictionaries and Hawaii Statutes.
  • Fill in the required personal information (full name, address, assets, debts, etc.)
  • Negotiate the terms of dissolution with your husband or wife if you want an amicable divorce. Consult a divorce mediator if necessary.
  • Fill out the blank spaces with the agreed terms.
  • Check your answers before signing and filing the papers.

The plaintiff (the filing spouse or petitioner in some states) must then take the papers to the district clerk. If the documents contain mistakes, the clerk might reject the filing, and the plaintiff will have to repeat the attempt after fixing the incorrect information.

Collecting and filling out the papers in DIY divorces may be daunting. Plus, not all spouses have time to do it. Fortunately, there is a simple and low-cost option to draft the paperwork without leaving home - Divorce.com.

This service will select the proper forms for divorce in Hawaii in two business days. It’s easy, convenient, and very affordable.

Filing for
Divorce in
Hawaii

Steps to Consider

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.

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Uncontested divorce 
in Hawaii

Uncontested Divorce in Hawaii

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.

Child custody

Getting a Divorce with Children in Hawaii

Child custody

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.

Child Support

Child Support

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.

Divorce Without a Lawyer in Hawaii

Divorce Without
a Lawyer
in Hawaii

Getting a lawyer-free divorce is a sure way to decrease divorce expenses. Yet, it is only safe for people with uncontested divorces, e.g., when the couples agree on all issues, such as property division.

So, if the divorce is amicable, the spouses can save thousands of dollars by getting a DIY divorce. For example, a divorce lawyer in Hawaii will charge up to $1,500 for an amicable case.

The filing fee for starting a divorce is $250-$300, so a do-it-yourself option is more economical. But, it also requires more time because the spouses must find and complete the forms themselves.

If you don’t have time to prepare the paperwork yourself, Divorce.com can help you get it quickly and with little effort. You’ll only need to answer several questions about your divorce, from the comfort of your home. And, that’s it. You’ll get your completed forms and filing instructions in two business days.

Frequently Asked Questions

How long will it take to get divorced in Hawaii?

An uncontested divorce in Hawaii takes between six and twelve weeks to finalize. On the other hand, spouses with many unresolved disputes will spend on average six months in court.

Can I get a free divorce in Hawaii?

Getting a free divorce means that a person can ask the judge to waive some mandatory filing fees. If the plaintiff can’t afford the court costs, they may file the Ex Parte Motion and Affidavit to Waive Filing Fees (Form 2F-P-331).

How do I file for divorce in Hawaii?

Starting a divorce in Hawaii consists of several stages. First, the petitioner must file the Complaint for Divorce and Summons (1F-P-2039). Then, they need to serve the other party with copies, according to the rules of civil procedure.

How much does a divorce cost in Hawaii?

Contested cases cost approximately $10,000, while uncontested divorces are less expensive - around $1,500 if you hire a lawyer. If your divorce is amicable, you can decrease the expenses by getting divorce papers from Divorce.com.