The Hawaii Divorce Kit
See a different stateHawaii
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.
1 · The circuits, the two routes, and what the rules require
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.
You may e-file, but you do not have to Your choice
- Portal
- JEFS (Judiciary Electronic Filing and Service System)
- Paper
- Still accepted — you can file over the counter.
- What it costs
- No portal fee published.
- Account
- Only if the self-represented party opts in. Self-registration online produces a userid (WEBU #); the filer then contacts the court to activate. Requirements are a valid email address, reliable computer/internet access, and agreement to follow the HEFSR. No cost is published.r/internet access, and agreement to follow the HEFSR. No cost is published.r/internet access, and agreement to foll
- Worth knowing
- Hawaii is optional for pro se, with two practical catches worth flagging to readers: (1) the initial complaint/petition generally must be filed in person at the courthouse — JEFS is used for subsequent filings; and (2) once a self-represented person registers as a JEFS user for a case, they must file all subsequent documents in that case through JEFS. Paper filed at the counter is scanned into the electronic record by the clerk.t filings; and (2) once a self-represented person registers as a JEFS user for a case, they must file all subsequent documents in that case through JEFS. Paper filed at the counter is scanned into the electronic record by the clerk. electronic record by the clerk.e all subsequent documents in that case through JEFS. Paper filed at the counter is scanned into the electronic record by the clerk.t filings; and (2) once a self-represented person registers as a JEFS user for a case, they must file all subsequent documents in that case through JEFS. Paper filed at the counter is scanned into the electronic record b
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 kit 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 kit 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.
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 kit 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 kit 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.
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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.