Hawaii Divorce Filing Checklist 2025

Filing for divorce in Hawaii changed significantly in 2021 when the Legislature eliminated the old six-month statewide residency requirement. Today, understanding domicile requirements, Family Court venue rules, and circuit-specific forms can help you navigate the divorce process across Oʻahu, Maui, Hawaiʻi Island, or Kauaʻi with confidence.

Understanding Hawaii's 2021 Residency Law Change

In 2021, Hawaii's Legislature modernized divorce residency requirements through HRS §580-1 (Act 69, 2021). Unlike older guides that cite a "six months in the state" rule, the current law requires only that the filing spouse be domiciled in Hawaii on the date you file.

"Domicile" means living in Hawaii with the intention to remain—no specific minimum time period required. This makes Hawaii one of the most accessible states for divorce filing, especially for military families stationed at Pearl Harbor, Schofield Barracks, or Marine Corps Base Hawaii, since military presence under orders qualifies for domicile.

Even with no residency waiting period, using the Divorce AI planning suite can help you navigate Hawaii's unique multi-island filing requirements with ease.

Choosing Your Family Court Circuit: Venue Rules

Hawaii has four Family Court circuits, each serving different islands:

• First Circuit: Oʻahu (Honolulu, Kapolei)
• Second Circuit: Maui County (Maui, Molokaʻi, Lānaʻi)
• Third Circuit: Hawaiʻi Island (Hilo, Kona, Waimea)
• Fifth Circuit: Kauaʻi

You must file in the Family Court circuit where you are domiciled. Each circuit maintains its own forms and procedures, though the underlying divorce law remains consistent statewide.

Grounds for Divorce: Hawaii's No-Fault System

Hawaii is strictly a no-fault divorce state. According to HRS §580-41, the Family Court shall grant a divorce when one of these no-fault grounds exists:

• Irretrievable breakdown of the marriage (the most common ground)
• Separation under a decree of separation from bed and board (term expired, no reconciliation)
• Two years or more living separate and apart under a separate maintenance decree
• Two years continuous separation with no reasonable likelihood of resuming cohabitation

Hawaii does not recognize traditional fault grounds like adultery or cruelty as bases for divorce, though certain misconduct may influence financial orders under HRS §580-47.

Filing Fees and Court Costs

Hawaii's divorce filing fees became effective June 17, 2022, and consist of several components:

• Base matrimonial filing fee: $100
• Indigent legal services surcharge: $65
• Judiciary computer system surcharge: $50
• Parent education surcharge (with children): $50

Total filing fees:

• Without minor children: $215
• With minor children: $265 (includes Kids First program fee)

Fee waivers are available if you qualify based on financial hardship. The surcharge statute permits waiver assessment later if circumstances change.

Estimate Your Hawaii Divorce Costs

Use our calculator to estimate filing fees, service costs, and parent education expenses based on your circuit and whether you have minor children. For strategies to minimize your expenses, read our guide on ways to save money during divorce.

Required Forms by Circuit

Each circuit publishes its own divorce forms through the Hawaii State Judiciary website. Core documents typically include:

First Circuit (Oʻahu) Forms

• 1F-P-2039: Complaint for Divorce; Automatic Restraining Order; and Summons to Answer
• 1F-P-082: Matrimonial Action Information
• 1F-P-332: Appearance and Waiver
• 1F-P-081: Income and Expense Statement
• 1F-P-063: Asset and Debt Statement
• 1F-P-333B: Affidavit of Plaintiff (for Uncontested Divorce)

Other Circuits

Second Circuit (Maui), Third Circuit (Hawaiʻi Island), and Fifth Circuit (Kauaʻi) have parallel forms with different numbering. Always download forms from the official Hawaii Courts website for your specific circuit.

As you compile Family Court forms across different islands, a secure divorce document vault ensures nothing gets lost in the process.

The Automatic Restraining Order (ARO)

One unique aspect of Hawaii divorce is the Automatic Restraining Order codified in HRS §580-10.5. When you file for divorce, both spouses are automatically restrained from:

• Transferring or concealing property except for ordinary living expenses
• Incurring debts that burden the other spouse's credit
• Changing beneficiaries on insurance or retirement accounts
• Removing a party or child from insurance coverage
• Removing a minor child from their current island or school

The ARO binds the filing spouse upon filing and the respondent upon service, remaining in effect until the final decree unless modified by court order.

Service of Process and Answer Deadlines

Hawaii requires personal service of the Complaint and Summons, typically through a process server. Under HRS §580-3, alternative service methods require court authorization.

If your spouse is willing to cooperate, they can sign an Appearance and Waiver form (e.g., Form 1F-P-332 in First Circuit), which eliminates the need for formal service.

Under Hawaii Family Court Rule 12, the respondent has 20 days after service to file an Answer. This deadline may vary if the court authorizes special service methods.

Parent Education: The Kids First Program

All Hawaii divorces involving minor children require participation in the circuit's parent education program. On Oʻahu, this is the Kids First program, with parallel programs on neighbor islands.

The $50 parent education surcharge (included in the $265 filing fee) covers this mandatory class. Programs run both in-person and virtually, serving parents and children ages 6-17. You may request to be excused for good cause, though courts routinely order attendance early in the case.

Mediation and Collaborative Divorce Options

While mediation is widely encouraged in Hawaii divorce cases, HRS §580-41.5 provides critical protections: survivors of domestic abuse cannot be compelled into mediation against their wishes. When mediation does occur in these cases, specialized safety protocols must be followed.

Hawaii also recognizes collaborative divorce under the Uniform Collaborative Law Act (HRS Chapter 658G). In this process, both parties hire specially trained collaborative lawyers and commit to resolving disputes without litigation. If the process fails, both lawyers must withdraw.

Divorce Timelines: No Waiting Period

Unlike many states, Hawaii has no mandatory waiting period between filing and finalizing your divorce. According to the Hawaii Judiciary, judges can grant your final divorce judgment whenever they determine appropriate. For a detailed look at Hawaii's process from start to finish, see our guide on how long divorce takes in Hawaii.

Typical timelines:

• Uncontested divorce (no children): 45-90 days when all paperwork is complete and court dockets allow
• Uncontested divorce (with children): 60-120 days, allowing time for Kids First completion
• Contested divorce: 9-18 months depending on complexity, custody evaluations, and property appraisals

E-Filing Through JEFS

The Hawaii Judiciary operates the JEFS (Judiciary Electronic Filing and Service) system, primarily available to attorneys. According to the Family Court Civil JEFS info page, self-represented litigants generally file in person at their circuit's Family Court clerk's office.

Some circuits offer limited online document drop-off tools. Check with your circuit clerk for current options.