Divorce in Hawaii is filed in the Family Court of the circuit where either spouse lives: First (Oʻahu), Second (Maui County), Third (Hawaiʻi/Big Island), and Fifth (Kauaʻi). Hawaii uses equitable distribution for property (the court aims for a fair division, not an automatic 50/50). Most cases proceed no-fault and can be handled largely on paperwork if you’re organized and cooperative.
At least one spouse must be domiciled in Hawaii or physically present for a continuous three months immediately before filing. A divorce cannot be granted until one spouse has been domiciled or present for six months before the decree. File in the Family Court for your circuit, generally where either spouse resides. There is no mandatory separation period to file.
Step 1: Choose your path and gather forms.
For an uncontested case, prepare a Complaint for Divorce, Summons, financial disclosures (income/expense and assets/debts), and if you have kids, a proposed parenting plan and child-related forms your circuit requires (some circuits require a parent education class).
Step 2: File with the clerk.
File your packet with the Family Court clerk in your circuit. A filing fee applies; if you cannot afford it, submit an in forma pauperis (fee-waiver) request. You’ll receive a case number and file-stamped copies.
Step 3: Serve your spouse.
Use personal service (sheriff/process server) or a signed Acknowledgment/Acceptance of Service if your spouse will cooperate. If you cannot locate your spouse after diligent search, request permission for service by certified/registered mail (where allowed) or publication.
Step 4: Observe timelines and exchange disclosures.
Your spouse’s response deadline appears on the Summons (commonly around 20 days after in-state service). Exchange full financial information early; clean disclosures speed up settlement and decree review.
Step 5: Settle or set a hearing.
If you agree, submit a signed Marital Settlement Agreement, proposed Decree, and required child-support/custody orders for the judge’s review. If issues remain, the court may set status conferences, mediation, or hearings.
Step 6: Final decree.
Once approved (and after any required appearance), the court issues a Decree of Divorce covering property/debt division, spousal support (if any), custody/parenting time, child support, and any name change. Obtain certified copies for records, insurance, and financial institutions.
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Do we need to be separated before filing in Hawaii?
No. There is no separation requirement to file, and most cases use no-fault grounds.
Which court handles divorces in Hawaii?
The Family Court in your circuit: First (Oʻahu), Second (Maui County), Third (Hawaiʻi/Big Island), or Fifth (Kauaʻi).
How long does a Hawaii divorce take?
Uncontested cases can move relatively quickly after service deadlines, disclosures, and court review; contested cases depend on court calendars and complexity.