Filing for divorce in Hawaii? Your case will be either uncontested (you and your spouse agree on everything) or contested (disputes remain on major issues). Hawaii has no mandatory waiting period and no residency requirement for divorce, making it one of the most accessible states for finalizing an agreed separation. Understanding which path to choose can help you save money on divorce and reduce stress.
Hawaii is a no-fault state where irretrievable breakdown is the primary ground for divorce. You don't need to prove wrongdoing—simply that the marriage cannot be repaired.
Quick Comparison: Uncontested vs Contested
| Factor | Uncontested | Contested |
|---|---|---|
| Agreement | Both parties agree on all issues | One or more issues disputed |
| Timeline | 45-90 days | 9-18+ months |
| Total Cost | $215-$3,000 | $10,000-$20,000+ |
| Court Hearings | Often none (affidavit-based) | Multiple hearings, trial likely |
| Attorney Needed? | Optional (DIY possible) | Highly recommended |
What is an Uncontested Divorce in Hawaii?
An uncontested divorce means you and your spouse agree on all major issues including property division, debts, spousal support, and (if applicable) child custody and parenting time. Hawaii's Family Court forms include uncontested divorce packets with checklists that guide you through every step.
Affidavit-Based Process
Many Hawaii uncontested divorces can be completed without a hearing. You file an Affidavit of Plaintiff (for Uncontested Divorce), and if the judge finds everything in order, the decree is signed on the papers alone. This streamlined process is available in all four circuits: Oʻahu, Maui, Hawaiʻi Island, and Kauaʻi.
Appearance and Waiver Option
Your spouse can sign an Appearance and Waiver form to skip formal service, accelerating the timeline and eliminating process server fees.
What is a Contested Divorce?
A contested divorce occurs when you and your spouse disagree on one or more major issues such as child custody, parenting time, property division, or spousal support. The defendant has 20 days after service to file an Answer under Hawaii Family Court Rules.
Hawaii courts encourage mediation to resolve disputes. However, survivors of domestic abuse cannot be compelled into mediation against their wishes under HRS §580-41.5.
Cost Comparison
Uncontested Divorce Costs
- Base filing fee: $100
- Indigent legal services surcharge: $65
- Computer system surcharge: $50
- Parent education surcharge: $50 (if minor children)
- Total filing: $215 (no children) or $265 (with children)
- Attorney (optional): $1,500-$3,000 flat fee
Contested Divorce Costs
- Filing fees: $215-$265 plus motion fees
- Attorney fees: $10,000-$20,000+ depending on complexity
- Mediation: Varies by provider
- Custody evaluation: $1,500-$5,000 if ordered
- Total average: $10,000-$20,000+ per spouse
Calculate Your Estimated Divorce Costs
Use our free calculator to estimate your total Hawaii divorce costs based on whether your case is uncontested or contested.
Divorce Cost Calculator
Get a personalized estimate of your potential divorce costs based on your situation and location
Your Information
Significant disagreements requiring legal help
Child custody/support decisions needed
You've agreed how to divide property
Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.
Timeline Comparison
Uncontested: Hawaii has no mandatory waiting period. Most uncontested cases finalize in about 60 days once paperwork is complete. For more details, see our Hawaii divorce timeline guide.
Contested: Expect 9-18 months or longer. Discovery, temporary orders, settlement conferences, and trial scheduling all extend the process. Complex custody disputes with evaluations can take even longer.
Unique Hawaii Rules
No residency requirement: Since 2021, Hawaii requires only that you be "domiciled" (living with intent to remain) in the state when you file. There's no minimum number of days you must have lived here first.
Automatic Restraining Order (ARO): When you file for divorce, both spouses are automatically restrained from transferring assets, changing insurance beneficiaries, taking on unreasonable debt, or removing children from their island or school.
Kids First program: In cases with minor children, courts typically order parents to attend parenting education classes like "Kids First" on Oʻahu or similar programs on neighbor islands.
Frequently Asked Questions
What grounds does Hawaii recognize?
Hawaii is a pure no-fault state. The primary ground is "irretrievable breakdown" of the marriage. No fault grounds like adultery are not available.
Do I need to attend a hearing?
Not necessarily. Many uncontested divorces are granted on affidavit alone without any court appearance. Contested cases will require multiple hearings.
Is mediation required?
Mediation is commonly ordered but not universally mandatory. Importantly, domestic abuse survivors cannot be forced into mediation against their wishes.
Make the Right Choice
The key difference between uncontested and contested divorce is agreement. If you and your spouse can resolve all issues cooperatively, you'll save thousands of dollars and finish in just a couple of months. Hawaii's affidavit-based uncontested process makes agreed divorces particularly efficient. For step-by-step guidance, see our Hawaii divorce filing checklist.
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This article is for informational purposes only and does not constitute legal advice. Hawaii divorce laws are complex and fact-specific. For guidance tailored to your situation, consult a licensed Hawaii family law attorney. Always verify current requirements with your local Family Court clerk.
