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Uncontested Divorce in Hawaii

Requirements for an Uncontested Divorce in Hawaii

To qualify for an uncontested divorce in Hawaii, you must meet the following criteria:
 

  1. Residency: 

    • Either spouse must have been living in Hawaii for at least 6 months prior to filing.

    • The case must be filed in the Family Court in the circuit where either spouse reside
       

  2. Grounds for Divorce 

    • Hawaii allows no-fault divorce. You only need to state that the marriage is “irretrievably broken.” No proof of wrongdoing is required.
       

  3. Mutual Agreement:

    Both spouses must agree on all terms of the divorce, including:

    • Division of property and debts

    • Spousal support (if any)

    • Child custody, visitation, and support (if applicable)

Steps to File for an Uncontested Divorce:

  1. Choose the Right Divorce Packet
    Hawaii provides divorce packets based on your situation:

    • With children or without children

    • Available for each judicial circuit

    • You can find and download these packets on the Hawaii State Judiciary website.
       

2. Complete the Forms

Forms may include:

  • Complaint for Divorce

  • Appearance and Waiver

  • Asset and Debt Statement

  • Divorce Decree

  • Child Support Guidelines Worksheet (if applicable)

  • Parenting Plan (if children are involved)

If both spouses agree, the respondent can waive service by signing the Appearance and Waiver form.



3. File the Forms with the Court

  • File the completed forms with the Family Court in your circuit.

  • Pay the filing fee, typically $215.

  • You may apply for a fee waiver if you qualify (use Ex Parte Motion to Waive Filing Fees).


4. No Court Hearing Needed (Usually)

  • If everything is correctly filed and uncontested, no hearing is required.

  • A judge will review your paperwork and sign the Divorce Decree.

5. Receive Final Divorce Decree

  • Once the judge signs the Divorce Decree, your divorce is final.

  • You’ll receive a certified copy in the mail or can request one from the court.

Cost Considerations

  • Filing Fee: ~$215 (as of most recent court guidelines)
     

  • Attorney Flat Fee: Typically $500–$1,000 for uncontested cases
     

  • Online Divorce Services: Typically $150–$400
     

  • Fee Waiver: Available for those who qualify financially

Important Considerations

  • With Children:

    • Must submit a Parenting Plan

    • Child Support must follow state guidelines

    • A Child Support Enforcement Agency (CSEA) Information Sheet is required

  • Legal Advice: Even if you’re handling it on your own, consider having a lawyer review your agreement, especially if property, pensions, or children are involved.

  • Correct Circuit: Hawaii has different Family Courts for each circuit (e.g., Oʻahu, Maui, Big Island, Kauaʻi) — make sure to file in the correct one.

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