Divorce Resources in Hawaii: Court Forms, Legal Aid & Filing Guide

To file for divorce in Hawaii, you must have been physically present in the state for at least three consecutive months before filing, and the divorce cannot be finalized until one spouse has been domiciled in Hawaii for at least six continuous months under HRS §580-1. File your Complaint for Divorce (Form 1F-P-2039) at the Family Court in the circuit where you reside or where you and your spouse last lived together. Hawaii is a no-fault state — the only ground is irretrievable breakdown of the marriage under HRS §580-41. The filing fee is $265 for cases with minor children and $215 for cases without minor children under HRS §607-5. Both fees include the base $100 filing fee, a $65 surcharge, and a $50 computer system surcharge; cases with children include an additional $50 parent education surcharge.

After filing, you must serve the Complaint on your spouse by personal service through the sheriff or a licensed private process server, as required by the Hawaii Rules of Civil Procedure. Your spouse has 20 days to file an Answer to Complaint for Divorce (Form 1F-P-1071) after service. If your spouse agrees to the divorce and all terms, they may file an Appearance and Waiver (Form 1F-P-332) instead. Both parties must complete and file an Income and Expense Statement (Form 1F-P-081) and an Asset and Debt Statement (Form 1F-P-063), disclosing all financial information under penalty of perjury as required by HRS §580-47. Automatic restraining orders take effect upon filing under HRS §580-10.5, prohibiting both parties from transferring or concealing assets.

For an uncontested divorce where both spouses agree on all terms, file the Affidavit of Plaintiff (Form 1F-P-333B) along with your proposed Divorce Decree — Form 1F-P-1056 for cases without children or Form 1F-P-746 for cases with children. Under HRS §580-42, the court may waive a hearing and grant the divorce based on the affidavits if both spouses confirm irretrievable breakdown. Uncontested divorces by affidavit typically take six to ten weeks after submission for the judge to review and sign the decree. If minor children are involved, both parents must attend the Kids First parent education program as assigned by the court. Hawaii has no mandatory waiting period between filing and finalization; the judge may grant the final decree whenever appropriate under HRS §580-42.

Hawaii requires both parents to attend a court-assigned parent education program in all divorce cases involving minor children. On Oʻahu, this program is called Kids First, operated by the Family Court of the First Circuit. Neighbor islands have parallel programs administered by their respective circuits. Under HRS §571-46.2, the court mandates attendance to educate families about the impact of divorce and separation on children and to promote peaceful co-parenting. Both parents and children ages 6–17 from the current or other relationships must attend. The $50 parent education surcharge is included in the $265 filing fee. Classes are assigned by the court after filing — parties cannot schedule their own sessions. The judge reviews the Notice to Attend to verify compliance. Contact the Kids First office at (808) 954-8280 for questions or to request a free interpreter for Limited English Proficient individuals or American Sign Language users. A protective order or stay-away order between parties requires one party to reschedule to a different session.

Hawaii encourages but does not mandate mediation in divorce cases. Under the court's general authority, a Family Court judge may refer contested divorce cases to mediation before trial. The Hawaii State Judiciary operates community mediation centers on each major island: the Mediation Center of the Pacific on Oʻahu (808-521-6767), Maui Mediation Services (808-244-5744), Kuʻikahi Mediation Center on Hawaiʻi Island (808-935-7844), and Kauaʻi Economic Opportunity Mediation Program (808-245-4077). Fees are charged on a sliding scale based on income. Under HRS §580-41.5, spouses who allege domestic abuse cannot be compelled to participate in mediation against their wishes. Mediators must screen for family violence before proceeding. If mediation is authorized by the victim, it must be conducted by a trained mediator with the victim permitted to have a support person or attorney present. All mediation discussions are confidential under the Hawaii Uniform Mediation Act (HRS §658H) and cannot be used as evidence in court. More information: courts.state.hi.us/mediation.

Hawaii requires complete financial disclosure from both parties in all divorce proceedings under HRS §580-47. Each spouse must file an Income and Expense Statement (Form 1F-P-081) detailing all sources of income, monthly living expenses, debt service payments, and the difference between income and total expenses. Each spouse must also file an Asset and Debt Statement (Form 1F-P-063) listing all assets — including cash, bank accounts, securities, motor vehicles, real property, life insurance, pension and retirement funds — and all debts, identifying which spouse is associated with each obligation. Both forms are signed under penalty of perjury. Hawaii is an equitable distribution state; the court divides all property — community, joint, and separate — in a just and equitable manner. Under HRS §580-47(a), the court must consider concealment or failure to disclose income or assets when determining support and property division, creating a strong deterrent against incomplete disclosure.