Divorce in Hawaii, start to finish
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Hawaiʻi’s Family Court gives you the forms for free — but there is no single statewide packet. Each judicial circuit publishes its own numbered forms, and they are not interchangeable. Nobody tells you that until a clerk hands your filing back. This is the order, the residency math, and the traps, built for whichever island you’re actually filing from.
Put in the day you filed and this page works out every deadline in your case, then hands you a calendar file that reminds you a week before each one and again the day before. It opens in the calendar you already use. Free, no account, nothing stored.
Which forms do you actually need?
Your route and its conditions, the forms grouped by route, how filing actually works in Hawaii, and the sequence with its costs.
First, which route you are on. Each one opens to the conditions the rule actually sets.
Uncontested Divorce by Affidavit
HRS ch. 580; circuit checklists 1F-P-3066 / 1F-P-3067, 2F-P-398 / 2F-P-399, 3C-P-329 / 3C-P-330, 5F-P-183 / 5F-P-184
Available only where all of these are true:
- Both HRS §580-1 clocks have run — 6 continuous months in Hawaiʻi, 3 continuous months in the filing circuit.
- Property and debts are already divided by agreement, and where there are minor or dependent children, custody and support are agreed too.
- The defendant spouse signs that circuit’s Appearance and Waiver, so no formal service is needed.
The standard path — service, then answer
Hawaiʻi Family Court Rules 12(a) and 55
This is the route wherever any of these is true:
- Property and debts are not yet divided.
- The defendant spouse has not signed an Appearance and Waiver.
- The defendant spouse has to be formally served.
Grouped exactly as Hawaii labels them. Every number links to the official PDF.
Hawaiʻi Island (Third Circuit) — all divorces 8 forms
- 3F-P-266 — Complaint for Divorce
- 3F-P-269 — Matrimonial Action Information
- 3F-P-264 — Appearance and Waiver
- 3F-P-267 — Proof of Service
- 3F-P-261 — Statement of Mailing — Exhibits 1 & 2
- 3F-P-270 — Income and Expense Statement
- 3F-P-272 — Asset and Debt Statement
- 3F-P-263 — Affidavit of Plaintiff — sign in front of a notary
Hawaiʻi Island (Third Circuit) — with children 3 forms
Hawaiʻi Island (Third Circuit) — without children 2 forms
Kauaʻi & Niʻihau (Fifth Circuit) — with children 2 forms
Kauaʻi & Niʻihau (Fifth Circuit) — without children 1 form
- 5F-P-183 — Uncontested Divorce Without Children — Instructions & Forms (complete packet)
Maui, Molokaʻi & Lānaʻi (Second Circuit) — all divorces 9 forms
- 2F-P-529 — Memo Regarding Automatic Restraining Orders
- 2F-E-100 — Matrimonial Action Information
- 2F-E-016 — Appearance and Waiver
- 2F-E-296 — Proof of Service
- 2F-P-382 — Statement of Mailing — Exhibits 1 & 2
- 2F-E-035 — Income and Expense Statement (Plaintiff & Defendant)
- 2C-E-167 — Asset and Debt Statement
- 2F-E-105 — Affidavit of Plaintiff — sign in front of a notary
- 2F-E-118 — Request for Non-Hearing Uncontested Divorce
Maui, Molokaʻi & Lānaʻi (Second Circuit) — with children 5 forms
- 2F-P-399 — Uncontested Divorce With Children — Filing Instructions (print first)
- 2F-P-559 — Complaint for Divorce; Automatic Restraining Order; Summons to Answer Complaint
- 2F-P-407 — Memo — Mandatory Attendance, \”Kids First\” Program
- 2F-P-345 — Kids First Information Sheet
- 2F-E-067 — Decree Granting Divorce and Awarding Child Custody
Maui, Molokaʻi & Lānaʻi (Second Circuit) — without children 4 forms
Oʻahu (First Circuit) — all divorces 9 forms
- 1F-P-2039 — Complaint for Divorce; Automatic Restraining Order; Summons to Answer Complaint
- 1F-P-082 — Matrimonial Action Information
- 1F-P-332 — Appearance and Waiver (your spouse signs this if cooperating)
- 1F-P-1071 — Answer to Complaint for Divorce (if your spouse contests instead)
- 1F-P-140 — Proof of Service
- 1F-P-738 — Statement of Mailing — Exhibits 1 & 2
- 1F-P-081 — Income and Expense Statement
- 1F-P-063 — Asset and Debt Statement
- 1F-P-333B — Affidavit of Plaintiff — sign in front of a notary
Oʻahu (First Circuit) — with children 6 forms
- 1F-P-3066 — Uncontested Divorce (With Children) — Checklist & Instructions (read this first)
- 1F-P-787 — Notice to Attend Kids First
- 1F-P-835 — Request to be Excused from Attending Kids First
- 1F-P-796 — Proposed Parenting Plan
- 1F-P-742 — Supplemental Affidavit re: Direct Payment Child Support (optional)
- 1F-P-746 — Proposed Divorce Decree (With Children)
Hawaii does not let you open the case online
The checklist is not something you file. It is your worktable — what to do, in what order, and what it costs. The forms are what reaches the court, and this is how they get there in Hawaii.
- Portal
- JEFS (Judiciary Electronic Filing and Service System)
- Paper
- Required to open the case. Once the case exists you may register for JEFS and e-file later papers, or keep filing on paper.
- What it costs
- No portal fee published.
- Account
- Only for papers in a case that already exists. Under the Hawaii Electronic Filing and Service Rules, a self-represented party cannot open a case through JEFS. To e-file later papers, register online for a user ID and then contact the court to activate it.
- Worth knowing
- Hawaii splits the question: you can e-file into a case that already exists, but you cannot open one online, so a divorce you file yourself starts on paper at the courthouse. If you then register as a JEFS user in that case, you must file everything after that through JEFS. Paper filed at the counter is scanned into the electronic record by the clerk.
Each step with the forms it names and the money it costs. The full detail of every step is in the section below. Print this part.
| # | Step | Forms it names | Cost |
|---|---|---|---|
| 1 | Confirm residency | None named | — |
| 2 | File your initial packet | None named | $215 · $265 |
| 3 | Get your spouse served, or have them waive it they then have 20 days | None named | — |
| 4 | Attend Kids First if you have children | None named | — |
| 5 | File your Income and Expense Statement and Asset and Debt Statement | None named | — |
| 6 | Sign the Affidavit of Plaintiff — in front of a notary | None named | — |
| 7 | The judge reviews your file 6–10 weeks | None named | — |
| 8 | Decree is file-stamped — you’re divorced | None named | — |
Every figure here is this page’s own, from the costs section below. A fee waiver application is free to file and is listed with the forms above.
| Initial filing fee | $100.00 |
| Surcharge | + $65.00 |
| Computer system surcharge | + $50.00 |
| Total — no minor children | $215.00 |
| Parent education surcharge (if either of you has minor children, from this marriage or any other) | + $50.00 |
| Total — with minor children | $265.00 |
| Motions | No fee |
| Process server / sheriff service, per person (higher on neighbor islands due to travel) | ~$75–150 |
| Notary or remote online notarization for the Affidavit of Plaintiff | $0–25 |
The short version8 points · tap one to jump to it
- The circuits, the two routes, and what the rules require — Hawaiʻi does not run courts by county.
- Every divorce form the Hawaiʻi Judiciary publishes, in all four circuits
- Getting the forms and filling them in — Every Hawaiʻi Family Court form is free, most are fillable on screen, and self-represented filing is completely normal — the Judiciary's own self-help centers exist because most people do this without a lawyer.
- Your deadlines, calculated — Hawaiʻi doesn't set a hard statutory floor the way some states do — there's no rule that says a judge can't sign your decree before a fixed number of days have passed.
- The order it actually happens in
- The rejection-proofing checklist — Meeting Hawaiʻi's 6-month statewide test isn't enough by itself.
- The financial statements — Hawaiʻi doesn't require the long, itemized document exchange some states do.
- What this costs — Unlike states that set filing fees county by county, Hawaiʻi's divorce filing fee is set once, statewide, by the Judiciary (effective 6/17/22) — the same whether you file in Honolulu or Līhuʻe.
In this subject 8
1 · The circuits, the two routes, and what the rules require
The short version8 points · tap one to jump to it
- The circuits, the two routes, and what the rules require — Hawaiʻi does not run courts by county.
- Every divorce form the Hawaiʻi Judiciary publishes, in all four circuits
- Getting the forms and filling them in — Every Hawaiʻi Family Court form is free, most are fillable on screen, and self-represented filing is completely normal — the Judiciary's own self-help centers exist because most people do this without a lawyer.
- Your deadlines, calculated — Hawaiʻi doesn't set a hard statutory floor the way some states do — there's no rule that says a judge can't sign your decree before a fixed number of days have passed.
- The order it actually happens in
- The rejection-proofing checklist — Meeting Hawaiʻi's 6-month statewide test isn't enough by itself.
- The financial statements — Hawaiʻi doesn't require the long, itemized document exchange some states do.
- What this costs — Unlike states that set filing fees county by county, Hawaiʻi's divorce filing fee is set once, statewide, by the Judiciary (effective 6/17/22) — the same whether you file in Honolulu or Līhuʻe.
In this subject 8
Hawaiʻi does not run courts by county. Family Court sits in four judicial circuits — First (Oʻahu), Second (Maui, Molokaʻi & Lānaʻi), Third (Hawaiʻi Island), and Fifth (Kauaʻi & Niʻihau; there is no Fourth, it was folded into the Third in 1943). Each circuit publishes its own numbered forms, and a clerk in one circuit will not accept another circuit’s version even though the underlying law, HRS Chapter 580, is identical statewide. Filings get handed back at the counter for two ordinary reasons: the wrong circuit’s forms, and residency clocks that have not finished running.
Residency first. HRS §580-1 requires domicile or physical presence in Hawaiʻi for a continuous 6 months, and in the specific circuit where the case is filed for a continuous 3 months, before filing. Those are two separate clocks and they can finish at different times for anyone who has recently moved between islands.
Uncontested Divorce by Affidavit
HRS ch. 580; circuit checklists 1F-P-3066 / 1F-P-3067, 2F-P-398 / 2F-P-399, 3C-P-329 / 3C-P-330, 5F-P-183 / 5F-P-184
This is the route every circuit’s self-represented packet is built around. The defendant spouse signs that circuit’s Appearance and Waiver instead of being formally served, the plaintiff signs an Affidavit of Plaintiff in front of a notary, and the judge reviews the file from chambers. Most Hawaiʻi circuits let a case finish this way without either spouse ever appearing in court.
Available only where all of these are true:
- Both HRS §580-1 clocks have run — 6 continuous months in Hawaiʻi, 3 continuous months in the filing circuit.
- Property and debts are already divided by agreement, and where there are minor or dependent children, custody and support are agreed too.
- The defendant spouse signs that circuit’s Appearance and Waiver, so no formal service is needed.
Where there are minor children, Kids First must be attended, or an excusal granted, before the final Affidavit of Plaintiff can be filed. That applies in every circuit. The Judiciary’s own published estimate for an uncontested-by-affidavit review is 6–10 weeks once the final documents are in — an estimate, not a guarantee, and incomplete paperwork resets the clock.
The standard path — service, then answer
Hawaiʻi Family Court Rules 12(a) and 55
Where no Appearance and Waiver is signed, the Complaint and Summons are formally served on the defendant spouse and a Proof of Service goes into the file. This is not the same thing as a contested case. Most Hawaiʻi divorces on this path still end up uncontested once service and paperwork are sorted out; it simply takes formal service and, often, more back-and-forth.
This is the route wherever any of these is true:
- Property and debts are not yet divided.
- The defendant spouse has not signed an Appearance and Waiver.
- The defendant spouse has to be formally served.
A spouse who has been formally served has 20 days to file an Answer under Hawaiʻi Family Court Rule 12(a). Once that window closes with no response, default becomes available under Rule 55. A signed Appearance and Waiver removes both the process-server fee and the 20-day answer window; a spouse who is cooperating on the substance can sign one at any point.
One document in every circuit’s file is the Proof of Service or the signed Appearance and Waiver — one of the two has to be there before a judge will review anything. Neither can be waived away.
2 · Every divorce form the Hawaiʻi Judiciary publishes, in all four circuits
The complete list, not a shortlist — because which forms are needed depends on facts only you and, if you need one, your lawyer can weigh. Each row says which circuit publishes it and whether it belongs to that circuit’s with-children or without-children set, and carries the revision date clerks check. Every one is free.
The Cusp is not a law firm and cannot tell you which forms are right for your case. Everything here is general information about how Hawaii handles divorce, and every form below is published free by Hawaii itself — you do not have to buy anything from anyone to get them. If your situation is not straightforward, a consultation with a Hawaii family lawyer costs far less than fixing a filing that went wrong.
| Form | What it is | Route | Rev. | |
|---|---|---|---|---|
| 1F-P-3067 | Uncontested Divorce (Without Children) — Checklist & Instructions (read this first) | Oʻahu (First Circuit) — without children | 04/24 | Download |
| 1F-P-2039 | Complaint for Divorce; Automatic Restraining Order; Summons to Answer Complaint | Oʻahu (First Circuit) — all divorces | 04/22 | Download |
| 1F-P-082 | Matrimonial Action Information | Oʻahu (First Circuit) — all divorces | 08/22 | Download |
| 1F-P-332 | Appearance and Waiver (your spouse signs this if cooperating) | Oʻahu (First Circuit) — all divorces | 04/22 | Download |
| 1F-P-1071 | Answer to Complaint for Divorce (if your spouse contests instead) | Oʻahu (First Circuit) — all divorces | 04/22 | Download |
| 1F-P-140 | Proof of Service | Oʻahu (First Circuit) — all divorces | 04/22 | Download |
| 1F-P-738 | Statement of Mailing — Exhibits 1 & 2 | Oʻahu (First Circuit) — all divorces | 04/22 | Download |
| 1F-P-081 | Income and Expense Statement | Oʻahu (First Circuit) — all divorces | 10/22 | Download |
| 1F-P-063 | Asset and Debt Statement | Oʻahu (First Circuit) — all divorces | 10/22 | Download |
| 1F-P-333B | Affidavit of Plaintiff — sign in front of a notary | Oʻahu (First Circuit) — all divorces | 03/24 | Download |
| 1F-P-1056 | Divorce Decree (Without Children) | Oʻahu (First Circuit) — without children | 04/22 | Download |
| 1F-P-3066 | Uncontested Divorce (With Children) — Checklist & Instructions (read this first) | Oʻahu (First Circuit) — with children | 04/24 | Download |
| 1F-P-787 | Notice to Attend Kids First | Oʻahu (First Circuit) — with children | 05/24 | Download |
| 1F-P-835 | Request to be Excused from Attending Kids First | Oʻahu (First Circuit) — with children | 07/22 | Download |
| 1F-P-796 | Proposed Parenting Plan | Oʻahu (First Circuit) — with children | 10/22 | Download |
| 1F-P-742 | Supplemental Affidavit re: Direct Payment Child Support (optional) | Oʻahu (First Circuit) — with children | 10/22 | Download |
| 1F-P-746 | Proposed Divorce Decree (With Children) | Oʻahu (First Circuit) — with children | 04/22 | Download |
| 2F-P-398 | Uncontested Divorce Without Children — Filing Instructions (print first) | Maui, Molokaʻi & Lānaʻi (Second Circuit) — without children | 07/22 | Download |
| 2F-P-559 | Complaint for Divorce; Automatic Restraining Order; Summons to Answer Complaint | Maui, Molokaʻi & Lānaʻi (Second Circuit) — without children | 03/24 | Download |
| 2F-P-529 | Memo Regarding Automatic Restraining Orders | Maui, Molokaʻi & Lānaʻi (Second Circuit) — all divorces | 08/18 | Download |
| 2F-E-100 | Matrimonial Action Information | Maui, Molokaʻi & Lānaʻi (Second Circuit) — all divorces | 10/19 | Download |
| 2F-E-016 | Appearance and Waiver | Maui, Molokaʻi & Lānaʻi (Second Circuit) — all divorces | 08/17 | Download |
| 2F-E-296 | Proof of Service | Maui, Molokaʻi & Lānaʻi (Second Circuit) — all divorces | 08/18 | Download |
| 2F-E-297 | Motion for Service by Mail and Affidavit; Order for Service by Mail (if needed) | Maui, Molokaʻi & Lānaʻi (Second Circuit) — without children | 04/17 | Download |
| 2F-P-382 | Statement of Mailing — Exhibits 1 & 2 | Maui, Molokaʻi & Lānaʻi (Second Circuit) — all divorces | 08/17 | Download |
| 2F-E-035 | Income and Expense Statement (Plaintiff & Defendant) | Maui, Molokaʻi & Lānaʻi (Second Circuit) — all divorces | 11/17 | Download |
| 2C-E-167 | Asset and Debt Statement | Maui, Molokaʻi & Lānaʻi (Second Circuit) — all divorces | 02/17 | Download |
| 2F-E-105 | Affidavit of Plaintiff — sign in front of a notary | Maui, Molokaʻi & Lānaʻi (Second Circuit) — all divorces | 01/22 | Download |
| 2F-E-118 | Request for Non-Hearing Uncontested Divorce | Maui, Molokaʻi & Lānaʻi (Second Circuit) — all divorces | 05/26 | Download |
| 2F-P-241 | Divorce Decree | Maui, Molokaʻi & Lānaʻi (Second Circuit) — without children | 07/18 | Download |
| 2F-P-399 | Uncontested Divorce With Children — Filing Instructions (print first) | Maui, Molokaʻi & Lānaʻi (Second Circuit) — with children | 07/22 | Download |
| 2F-P-559 | Complaint for Divorce; Automatic Restraining Order; Summons to Answer Complaint | Maui, Molokaʻi & Lānaʻi (Second Circuit) — with children | 03/24 | Download |
| 2F-P-407 | Memo — Mandatory Attendance, \”Kids First\” Program | Maui, Molokaʻi & Lānaʻi (Second Circuit) — with children | 07/24 | Download |
| 2F-P-345 | Kids First Information Sheet | Maui, Molokaʻi & Lānaʻi (Second Circuit) — with children | 05/22 | Download |
| 2F-E-067 | Decree Granting Divorce and Awarding Child Custody | Maui, Molokaʻi & Lānaʻi (Second Circuit) — with children | 01/21 | Download |
| 3C-P-330 | Uncontested Divorce Without Children Packet — Hilo, Waimea & Kona Divisions (read this first) | Hawaiʻi Island (Third Circuit) — without children | — | Download |
| 3F-P-266 | Complaint for Divorce | Hawaiʻi Island (Third Circuit) — all divorces | 12/21 | Download |
| 3F-P-269 | Matrimonial Action Information | Hawaiʻi Island (Third Circuit) — all divorces | 05/22 | Download |
| 3F-P-264 | Appearance and Waiver | Hawaiʻi Island (Third Circuit) — all divorces | 06/08 | Download |
| 3F-P-267 | Proof of Service | Hawaiʻi Island (Third Circuit) — all divorces | 06/08 | Download |
| 3F-P-261 | Statement of Mailing — Exhibits 1 & 2 | Hawaiʻi Island (Third Circuit) — all divorces | 06/08 | Download |
| 3F-P-270 | Income and Expense Statement | Hawaiʻi Island (Third Circuit) — all divorces | 06/08 | Download |
| 3F-P-272 | Asset and Debt Statement | Hawaiʻi Island (Third Circuit) — all divorces | 06/23 | Download |
| 3F-P-263 | Affidavit of Plaintiff — sign in front of a notary | Hawaiʻi Island (Third Circuit) — all divorces | 05/22 | Download |
| 3F-P-268 | Divorce Decree (Without Children) | Hawaiʻi Island (Third Circuit) — without children | 05/22 | Download |
| 3C-P-329 | Uncontested Divorce With Children Packet — Hilo, Waimea & Kona Divisions (read this first) | Hawaiʻi Island (Third Circuit) — with children | 05/22 | Download |
| 3C-P-231 | Kids First Information Sheet (Hilo/Kona Divisions) | Hawaiʻi Island (Third Circuit) — with children | 08/21 | Download |
| 3F-P-260 | Divorce Decree (With Children) | Hawaiʻi Island (Third Circuit) — with children | 05/22 | Download |
| 5F-P-183 | Uncontested Divorce Without Children — Instructions & Forms (complete packet) | Kauaʻi & Niʻihau (Fifth Circuit) — without children | 02/25 | Download |
| 5F-P-184 | Uncontested Divorce With Children — Instructions & Forms (complete packet) | Kauaʻi & Niʻihau (Fifth Circuit) — with children | 02/25 | Download |
| 5F-E-160 | Parenting Plan | Kauaʻi & Niʻihau (Fifth Circuit) — with children | 08/08 | Download |
| — | Child Support Guidelines Worksheet | All four circuits — with children | 03/24 | Download |
Every one of these is free. Download fresh each time — clerks reject superseded revisions, and saved copies go stale. Full catalog for every circuit: courts.state.hi.us/self-help/divorce/forms.
3 · Getting the forms and filling them in
Every Hawaiʻi Family Court form is free, most are fillable on screen, and self-represented filing is completely normal — the Judiciary’s own self-help centers exist because most people do this without a lawyer.
Hawaii lets you e-file — but not to start the case Paper to open the case
- Who may e-file
- Attorneys, and self-represented parties only for cases that already exist. The Family Court’s own JEFS guidance states: ‘Under the Hawaii Electronic Filing and Service Rules, SRLs cannot initiate a case through JEFS.’ The rules separately let a self-represented party register as a JEFS user ‘for the case(s) in which he or she is a party.’
- Portal
- JEFS (Judiciary Electronic Filing and Service System)
- Paper
- Required of you to open the case — file the initiating documents conventionally at the courthouse. Optional afterwards.
- What it costs
- No portal fee published.
- Account
- Only if you opt in, and only for a case already filed. Self-registration online produces a user id; the filer then contacts the court to activate it.
- With a fee waiver
- The JEFS fee-waiver option covers case filing fees, per the Family Court’s FAQ, but not other court costs such as certified copies.
- Worth knowing
- Hawaii splits this question in a way no other state does, and the half you cannot do is the half that comes first. Opening the divorce is a trip to the courthouse; everything after it can be electronic if you want it to be. Filing the initiating documents through JEFS anyway causes a real problem — the Family Court warns that whoever creates the case in JEFS becomes a party on it.
Step one — download from your own circuit’s page
Don’t Google a random Hawaii divorce form and download the first PDF you find — it may be from the wrong island. Go to your circuit’s official forms page:
courts.state.hi.us — Divorce Forms by Island
Don’t reuse a saved copy or one a friend on another island sent you. Forms get revised — several of the ones in this guide were updated as recently as 2024, 2025, and 2026 — and the form date is printed right on the page. If it doesn’t match what’s currently posted, download again.
Step two — fill them in on screen
Hawaiʻi’s family forms are mostly fillable PDFs. Open them in Adobe Acrobat Reader (free), Preview on a Mac, or any modern browser, type directly into the fields, and print or save. Write “N/A” where something doesn’t apply rather than leaving a field blank — a blank field reads as unanswered, not as “doesn’t apply.”
Step three — sign the Affidavit of Plaintiff in front of a notary
Most of your packet just needs your signature. Two documents are different: the Affidavit of Plaintiff (the sworn statement that makes an uncontested divorce possible without a hearing) and, if you’re using it, the Supplemental Affidavit re: Direct Payment of Child Support. Both must be signed in front of a notary — not signed at home and notarized later.
Hawaiʻi has authorized remote online notarization since 2020 (HRS §456-23). A video-call notary session with government ID and a live signature is legally equivalent to walking into a UPS Store or your bank — either works for the Affidavit of Plaintiff.
Step four — file at your circuit’s Family Court Service Center
Hawaiʻi has an electronic filing system (JEFS), but it’s built mostly around attorneys and registered filers. Self-represented parties who file conventionally at the courthouse window are explicitly told they don’t need JEFS’s e-filing cover sheet — paper filing at your circuit’s Family Court Service Center is the normal path. Bring your packet and the filing fee (see Section 8), or a completed fee-waiver / in forma pauperis request if you can’t afford it — ask the clerk for the current form.
If your spouse signs an Appearance and Waiver and you both agree on everything, most Hawaiʻi circuits let you finish the entire case without ever appearing in court — the judge reviews the paperwork and signs the decree from chambers. That’s what this guide calls “Uncontested Divorce by Affidavit.” It typically takes 6–10 weeks from when your final documents are filed, per the Judiciary’s own published packets.
4 · Your deadlines, calculated
Hawaiʻi doesn’t set a hard statutory floor the way some states do — there’s no rule that says a judge can’t sign your decree before a fixed number of days have passed. What actually controls your timeline is your spouse’s 20-day answer window (if they’re formally served) and the Judiciary’s own 6–10 week processing estimate once your final packet is in. Put in your dates and we’ll lay it out.
5 · The order it actually happens in
6 · The rejection-proofing checklist
This is the part that’s genuinely worth paying attention to. These are the specific things that get Hawaiʻi filings bounced or delayed.
Signing and notarizing
Meeting Hawaiʻi’s 6-month statewide test isn’t enough by itself. You also need 3 months in the specific circuit where you’re filing. Moved from Hilo to Honolulu four months ago? You may pass the state test and still fail the circuit test on Oʻahu — while still qualifying to file back on Hawaiʻi Island. This trips up island-hoppers constantly.
Forms people forget
Timing
7 · The financial statements
Hawaiʻi doesn’t require the long, itemized document exchange some states do. What it does require is two sworn forms, filed with the court, not just shown to your spouse.
The Income and Expense Statement and Asset and Debt Statement don’t require you to attach pay stubs or bank statements when you file — but if your spouse or the judge asks for support, you should be able to produce them. Keep three to six months of pay stubs and statements together while your case is open.
8 · What this costs
Court fees — statewide, not per circuit
Unlike states that set filing fees county by county, Hawaiʻi’s divorce filing fee is set once, statewide, by the Judiciary (effective 6/17/22) — the same whether you file in Honolulu or Līhuʻe.
| Item | Cost |
|---|---|
| Initial filing fee | $100.00 |
| Surcharge | + $65.00 |
| Computer system surcharge | + $50.00 |
| Total — no minor children | $215.00 |
| Parent education surcharge (if either of you has minor children, from this marriage or any other) | + $50.00 |
| Total — with minor children | $265.00 |
| Motions | No fee |
| Process server / sheriff service, per person (higher on neighbor islands due to travel) | ~$75–150 |
| Notary or remote online notarization for the Affidavit of Plaintiff | $0–25 |
Ask the clerk about an In Forma Pauperis / fee-waiver request. The forms and income thresholds are set by the Judiciary and can change — the clerk’s office and Legal Aid Society of Hawaiʻi (legalaidhawaii.org) can confirm current numbers and help you fill it out.
Attorney consultations — member-reported, by circuit
Court fees are fixed statewide, but attorney rates aren’t. These figures are illustrative, member-reported ranges from Cusp users in each circuit for a single initial consultation — not an official survey, and not a quote.
| Circuit | Reported range, first consult |
|---|---|
| First (Oʻahu) | $150–$400 |
| Second (Maui, Molokaʻi & Lānaʻi) | $150–$350 |
| Third (Hawaiʻi Island) | $100–$300 |
| Fifth (Kauaʻi & Niʻihau) | $150–$350 |
Many Hawaiʻi family law attorneys offer a free or reduced-cost initial consult — ask when you call. Volunteer Legal Services Hawaiʻi and the Legal Aid Society of Hawaiʻi both offer free help to those who qualify, statewide.
Does cheating change the money in Hawaii?
It can. Marital conduct is a factor the court is allowed to weigh. The rule: “the respective merits of the parties” (§ 580-47(a)); the statute never says adultery. How all fifty states answer this.
Reconciled, and it did not work? No fault ground survives in Hawaii, so forgiving an affair cannot cost you the divorce — which is an answer rather than a gap: condonation, state by state. If the decision itself is what you are sitting with rather than the law, start here.
What this is. A guide to Hawaiʻi’s own process, built from Hawaiʻi Revised Statutes Chapter 580 (Annulment, Divorce, and Separation) and §571-4, the Hawaiʻi Family Court Rules, the Judiciary’s statewide fee schedule (RG-AC-508), and the uncontested-divorce packets and forms published by the Hawaiʻi State Judiciary at courts.state.hi.us for the First, Second, Third and Fifth Circuits. The forms themselves are free and this guide links you to them rather than reselling them.
What this is not. The Cusp is not a law firm and does not practice law. Nothing here is legal advice, and nothing here tells you which choice is right for your particular situation — only what Hawaiʻi requires of each path. If your case involves contested custody, a business, hidden assets, domestic violence, or a spouse with a lawyer, talk to an attorney. Many offer free consultations, and one hour of advice is cheaper than a rejected filing.
Confirm current numbers with the clerk. Filing fees, program requirements, and form revisions are set by the Judiciary and the Legislature and can change. Where this guide could not verify an exact figure, form, or deadline with confidence, it says so or points you to your circuit’s Family Court Service Center rather than guessing.
Four things can happen to the house in a Hawaii divorce
Hawaii is one of the twenty. The moment a petition is filed, an automatic order takes effect on both of you, barring either from selling or encumbering property. Nobody is served with it separately and nobody explains it. Breaking it is contempt.
One of you buys the other out, you sell later, you sell now, or the court decides. For a great many people the right answer is not to sell at all – and three of the four routes earn us nothing.
The four routes, compared · Keeping it: the buyout and the carrying cost · Selling: capital gains, basis and timing · Finding an agent who has done a divorce sale · What two households cost
Need a vetted attorney, mediator, or financial analyst in Hawaii?
Browse The Cusp’s professional directory — rated only by verified clients, never ranked by who paid the most.
Browse the directory →The Cusp · All 50 state kits · Find a professional · About
Ask for an introduction to an agent → — who we would introduce you to, what the referral fee is and who pays it, and why the answer is sometimes that you should not sell at all.
Everything we have written about Hawaii specifically. Every figure on these pages is quoted from Hawaii’s own statute or its courts’ own published schedule, and carries the date we last checked it.
- Modifying support after divorce
- Modifying custody and parenting time after divorce
- Check your state’s rules in one place (modification checker)
- What it costs to file
- Child custody
- Child support
- Guardians ad litem and child representation
- Travel, custody and relocation
- Alimony
- Property, support and legal fees
- Protective orders
- Changing your name back
- Legal help you can afford
- Verified professionals
The most expensive mistakes in a divorce are made in the year after it, by people who thought the case was over. After the divorce is the checklist for that year — the health-coverage clock, the retirement order a decree cannot replace, and the beneficiary form that outranks your will.
Filing is one household becoming two, and the second one starts empty. The two-household list is what to send the people who keep asking how they can help — the second of everything, and the half of it that costs nothing. Some people call it a divorce registry.
All 52 Hawaii divorce forms, listed by the number the clerk will ask for — 51 with an official form number, 52 linked straight to the state’s own file, each with its revision date where the state publishes one. Open the Hawaii form list →
Common questions about filing for divorce in Hawaii
Short answers to what people ask most before they start. Each one points at the part of this page that covers it in full.
How do I file for divorce in Hawaii?
This page sets out the order it happens in for Hawaii: which form opens the case, what has to be served on the other person and when, and what the court needs before it will finish. It is written to be followed in sequence rather than read through.
What forms do I need to file for divorce in Hawaii?
The form list on this page gives the official Hawaii form numbers, each one’s revision date, and a link to the copy on the court’s own site rather than a copy hosted here. Using a superseded revision is one of the most common reasons a filing comes back, which is why the dates are shown.
How much does it cost to file for divorce in Hawaii?
$215 to open the case ($265 if either of you has minor children), and that is only the filing fee — it does not cover service, copies, any required class, or a lawyer. The full breakdown for Hawaii, with every figure traced to the court’s own published schedule and dated, is at what it costs to file in Hawaii.
What gets a Hawaii divorce filing rejected?
This page has a section on exactly that — the specific mistakes that get a filing returned in Hawaii rather than a general list. Most of them are procedural and cost weeks rather than money: the wrong form revision, a missing signature or notarization, service done in a way the state does not accept, or filing before a residency requirement is met.
How long does a divorce take in Hawaii?
There is a timeline on this page built from Hawaii’s own statutory day-counts, not from averages. The honest short answer is that the waiting period is a floor and not a prediction: an uncontested case can finish close to it, and a contested one is governed by the court’s calendar rather than the statute.
Where does the information on this page come from?
Hawaii’s own courts and statutes. Every form links to the court’s site, every fee is quoted from the published schedule with the date it was last checked, and where something could not be confirmed from an official source this site says so instead of estimating. It is free, with no account and no paywall.
Does cheating change the money in Hawaii?
It can. Marital conduct is a factor Hawaii allows the court to weigh, which is not the same as a rule that decides the outcome — it sits alongside need, earning capacity and the length of the marriage, and how much weight it gets is the judge’s. Eighteen states are in this position. The fifty-state table sets out the section this comes from, and the card higher up this page quotes your state’s own words.
Choosing an agent for a divorce sale is a different problem from choosing one for an ordinary sale: who the agent is allowed to talk to, who has to sign, what happens when one of you will not, and the three separate conflicts of interest that come up when one spouse found the agent first. How to choose a real estate agent for a divorce sale sets out what to ask, and how to check a credential yourself — no divorce credential is official with the National Association of Realtors.
The Cusp receives a referral fee from agents it vets and trains to handle divorce clients.
Your county
Divorce rules are set by the state, but each county or court has its own forms, deadlines, classes and filing habits. Choose yours.
Or go straight to your county or court:
Fifth CircuitFirst Circuit Family CourtSecond CircuitThird Circuit (call to confirm)Fifth Circuit
Kauai has its own divorce forms page with an uncontested divorce packet and instructions. Forms and packets can be picked up at the Pu’uhonua Kaulike Judiciary Complex in Lihue. The pages read do not state parenting-class or filing-location rules.
Who to contact: Pu’uhonua Kaulike, Judiciary Complex, 3970 Ka’ana Street, Lihue, HI 96766; (808) 482-2330
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
First Circuit Family Court
Oahu has its own divorce forms page, and packets can be picked up in person at the Family Court Service Center in Kapolei. The Family Court programs page lists the Kids First program for parents in divorce cases under the First Circuit. The Judiciary’s notice says multi-factor authentication will be needed for the electronic filing system.
Who to contact: Family Court Service Center, Ronald T. Y. Moon Judiciary Courthouse, 4675 Kapolei Parkway, Kapolei, HI 96707-3272; (808) 954-8290
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Second Circuit
Maui County has its own divorce forms page with an uncontested divorce packet. Forms and packets can be picked up at the Wailuku Circuit Court, and Molokai and Lanai residents can use a toll-free number to ask for forms by mail. The pages read do not state parenting-class or filing-location rules.
Who to contact: Wailuku Circuit Court, 2145 Main Street, Room 106, Wailuku, HI 96793; (808) 244-2969; toll-free from Molokai and Lanai 1-800-769-3868
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Third Circuit Call or check the court website to confirm
The Third Circuit publishes its own uncontested divorce packets, one without children and one with children. The with-children packet includes a Kids First Information Sheet for the Hilo and Kona divisions. The court’s page says self-represented people who file at the courthouse do not need the attorney e-filing cover sheet.
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Not listed? Your county clerk of court can tell you the local rules. These are general information from court and clerk pages, last checked 2026-11-10, not legal advice.
Serving the papers in Hawaii? Sheriff, a court-appointed person, or an adult 18 or older who is not a party; not you. No deadline found. (As we read the rules on 29 October 2026.) See who can serve a divorce summons and whether you can do it yourself, and find Hawaii in our state-by-state serving table.
Stay current
We re-check the law. We will tell you when your state’s changes.
One email, and only when something we have published about your state stops being true — a filing fee that moved, a statute that was amended, a form the court replaced. No newsletter, no sales, unsubscribe in one click.
We use your address for that one purpose. We do not sell it, and we do not add you to anything else. Privacy
How we can help
Understand the house first. Then talk to someone who gets it.
The house is usually the largest decision in a divorce, and the one people are least ready for. Here is what we do, in the order that makes sense.
1. Start with the facts, free
22 states have automatic orders that freeze both spouses the moment a divorce is filed, barring either one from selling or borrowing against the property. Is yours one of them?
Plain-English guides on what can happen to the house, what an automatic order stops you doing, and how the tax rules decide what a sale is worth. No account and nothing to buy.
- The four things that can happen to the house
- Selling the house: who signs, and the tax rules
- Keeping the house: the buyout and the carrying cost
2. Know when not to call an agent
Often the right answer is to wait, or to talk to your lawyer or an accountant first. We say so plainly. An agent is the wrong first call if nothing is filed, or if an order restricts what either of you can do with the property.
3. Talk to someone who gets it
When you do need an agent, we introduce you to a local agent who has completed our divorce real estate training and passed its 20-question exam. Before any introduction we check the license with the state regulator (any unresolved disciplinary action is a no), the agent’s closed sales, and a review rating of 4.7 or better. The introduction is free, and you are free to say no.
Ask for an introductionHow we are paid
You pay us nothing. Agents are not charged for the training, the exam or the free resources. If an introduction leads to a closed sale, the agent’s brokerage pays a referral fee out of its own commission, not out of your proceeds. A place on the panel cannot be bought.
General information, not legal or tax advice. The Cusp is not a law firm.
Selling a home in a divorce: what to ask a local listing agent
Selling the house is often the largest single decision in a divorce. These questions help you judge whether an agent has done it before. They do not replace your lawyer, who should approve the plan before anything is listed.
- Have you sold homes where both spouses had to sign, or where a court had to approve the sale? How many, and how recently?
- Does filing already restrain a sale in my state? Check the 50-state table and ask my lawyer before we sign anything.
- Who decides on price changes and which offers to accept when we disagree, and how will that be written down?
- Who pays the mortgage, taxes and insurance until closing, and what does the listing agreement say about it?
- Where will the sale proceeds be held until the decree says who gets what?
- How will you handle showings, access and lockboxes if we are not speaking?
- Will you give both spouses and both lawyers the same information at the same time?
- What happens to the listing agreement if we settle, reconcile or the case is delayed? What are the cancellation terms?
- Can I have your fee terms in writing and the names of past clients who sold during a divorce?