HAWAII DIVORCE GUIDE

How to File for Divorce in Hawaii
Without a Lawyer

Filing for divorce in Hawaii without an attorney costs $215-$265 in court fees. You must meet the residency requirement of 6 months in Hawaii (3 months for certain military). Hawaii is a equitable distribution state with a None after filing (but must establish jurisdiction) waiting period. An uncontested divorce typically takes 2-4 months. Victoria AI guides you through every step with Hawaii-specific instructions.

$215-$265
Filing Fee
None after filing (but must establish jurisdiction)
Waiting Period
6 months in Hawaii (3 months for certain military)
Residency
2-4 months
Timeline

Last updated: February 1, 2026 • Reviewed by Divorce.law Legal Team

Hawaii Divorce Requirements at a Glance

Filing Fee$215-$265 (First Circuit (Honolulu): $265. Other circuits: approximately $215-$250. Hawaii has a unified court system.)
Residency Requirement6 months in Hawaii (3 months for certain military)
Waiting PeriodNone after filing (but must establish jurisdiction)
Property DivisionEquitable Distribution (fair, not equal)
Grounds for DivorceIrretrievable breakdown (no-fault), Living separate and apart for 2+ years, Separation under court decree for 2+ years
No-Fault Only?Yes
Uncontested Timeline2-4 months
Contested Timeline6 months to 2+ years
Fee Waiver Available?Yes
~5,000
Divorces per year in Hawaii
~55%
Pro se filers
3-4 months (uncontested)
Average duration
$250
Median filing fee

Hawaii Residency Requirements

To file for divorce in Hawaii, you must meet the following residency requirement: 6 months in Hawaii (3 months for certain military).

At least one spouse must have been a resident of Hawaii for 6 months before filing. For military members stationed in Hawaii, 3 months of physical presence may satisfy residency.

Tip: Victoria AI can help you determine if you meet Hawaii's residency requirements and guide you through the documentation needed to prove residency.

How to File for Divorce in Hawaii: Step-by-Step

Follow these steps to file for divorce in Hawaii without an attorney. Victoria AI guides you through each step with state-specific instructions.

STEP 1

Meet Residency Requirements

At least one spouse must have been a resident of Hawaii for 6 months before filing. For military members stationed in Hawaii, 3 months of physical presence may satisfy residency.

STEP 2

Gather Required Forms

Download the official Hawaii divorce forms: Complaint for Divorce, Summons, Income and Expense Statement. All forms are available from the Hawaii courts website.

STEP 3

Complete Your Petition

Fill out the divorce petition (1F-P-768) with your information, grounds for divorce, and what you're requesting (property division, custody, support).

STEP 4

File with the Court

File your completed petition with the Hawaii court and pay the filing fee of $215-$265. Fee waivers are available if you qualify financially.

STEP 5

Serve Your Spouse

Properly serve your spouse with the divorce papers according to Hawaii rules. Options typically include sheriff service, process server, or certified mail with acknowledgment.

STEP 6

Complete Financial Disclosure

Exchange mandatory financial disclosure documents as required by Hawaii law. This typically includes income verification, tax returns, bank statements, and a sworn financial affidavit.

STEP 7

Wait for Response & Complete Waiting Period

Hawaii has no mandatory waiting period after filing. Once jurisdiction is established and paperwork is complete, the divorce can be finalized relatively quickly.

STEP 8

Finalize Your Divorce

Submit your final judgment to the court. For uncontested divorces in Hawaii, this typically takes 2-4 months. The court will issue your final divorce decree.

Required Forms for Hawaii Divorce

These are the primary forms you'll need to file for divorce in Hawaii. Victoria AI guides you through completing each form correctly.

Complaint for Divorce

1F-P-768

Initiates the divorce

Summons

1F-P-767

Notifies spouse

Income and Expense Statement

Required

Financial disclosure

Asset and Debt Statement

Required

Property disclosure

Hawaii Divorce Costs & Filing Fees

The filing fee to start a divorce in Hawaii is $215-$265. First Circuit (Honolulu): $265. Other circuits: approximately $215-$250. Hawaii has a unified court system.

Cost TypeAmount
Court Filing Fee$215-$265
Service of Process$50-$100 (varies by method)
Certified Copies$5-$25 per copy
Total DIY Uncontested$350-$1,500 (uncontested DIY)

Fee Waiver Available in Hawaii

If you cannot afford the filing fee, Hawaii offers fee waivers for qualifying individuals. You'll need to complete a fee waiver application demonstrating financial hardship. This typically requires showing income below a certain threshold (often 125-200% of federal poverty guidelines) or receiving public assistance benefits.

Victoria can help: Our AI guides you through the fee waiver application process and helps you gather the required documentation.

Serving Your Spouse in Hawaii

After filing your divorce petition in Hawaii, you must legally "serve" your spouse with the divorce papers. This ensures they receive official notice of the divorce and have an opportunity to respond.

Acceptable Methods of Service in Hawaii

Personal Service

A sheriff, constable, or private process server personally delivers the papers to your spouse. Most reliable method.

Certified Mail

Papers sent via certified mail with return receipt requested. Your spouse must sign to acknowledge receipt.

Acceptance of Service

Your spouse voluntarily signs an acknowledgment that they received the papers. Fastest and cheapest option if cooperative.

Service by Publication

If your spouse cannot be located, you may be able to publish notice in a newspaper. Requires court approval.

Important: Proof of Service

You must file proof of service with the court showing your spouse was properly served. Without valid proof of service, your divorce cannot proceed. Hawaii courts are strict about service requirements.

Property Division in Hawaii

Equitable Distribution State

Hawaii is a equitable distribution state.

Hawaii divides marital property through equitable distribution. The court considers the respective merits of the parties, relative abilities, condition in which each will be left, and all other circumstances of the case.

Victoria's Financial Tools: Our AI-powered financial tools help you identify, categorize, and value marital assets. Victoria can help you understand how Hawaii law applies to your specific property.

Child Support in Hawaii

Hawaii uses the Income shares model per Hawaii Child Support Guidelines.

Hawaii uses income shares guidelines. Both parents' gross incomes are used to determine the total support obligation, then allocated based on each parent's percentage of combined income and custodial time.

Spousal Support Factors in Hawaii

  • Financial resources of parties
  • Ability to meet needs independently
  • Duration of marriage
  • Standard of living during marriage
  • Age and health
  • Custodial responsibilities

Hawaii Divorce Timeline: What to Expect

Understanding the timeline helps you plan and set realistic expectations for your Hawaii divorce.

Uncontested Divorce

2-4 months

When both spouses agree on all terms including property division, custody, and support. This is the fastest and least expensive option.

Contested Divorce

6 months to 2+ years

When spouses cannot agree and need court intervention to resolve disputes. Involves hearings, discovery, and potentially trial.

Typical Hawaii Divorce Timeline (Uncontested)

1

File Petition

Day 1 - Submit your divorce paperwork and pay the $215-$265 filing fee

2

Serve Your Spouse

Within 30 days - Ensure proper legal service of divorce papers

3

Response Period

20-30 days - Your spouse has time to file a response

4

Waiting Period

None after filing (but must establish jurisdiction) - Hawaii has no mandatory waiting period after filing. Once jurisdiction is established and paperwork is complete, the divorce can be finalized relatively quickly.

5

Final Judgment

Court issues your final divorce decree

Speed up your divorce: Victoria AI helps you complete forms correctly the first time, avoiding delays from rejected paperwork. Our checklists ensure you don't miss any steps or deadlines.

What Makes Hawaii Divorce Unique

No-fault only state

No mandatory waiting period

Property includes ceded lands issues unique to Hawaii

Military-friendly with shorter physical presence requirements

Strong mediation emphasis

Key Hawaii Divorce Laws

  • HRS §580-41Grounds for Divorce
  • HRS §580-47Division of Property
  • HRS §576D-7Child Support Guidelines

Hawaii Divorce FAQ

Common questions about filing for divorce in Hawaii without an attorney.

Victoria AI Knows Hawaii Divorce Law

Get 24/7 guidance specific to Hawaii's forms, procedures, and requirements.

Hawaii-specific forms

Guidance through every required form

Financial disclosure wizard

Complete your financial affidavit step-by-step

Child support calculator

Using Hawaii's exact guidelines

AI document drafting

Create properly formatted legal documents

Evidence notebook

Organize and categorize case documents

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Not Legal Advice

Victoria provides legal information, not legal advice. For advice specific to your case, consult an attorney.

Official Sources

All Hawaii divorce information verified from official state court sources.

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