How to Get Divorce Papers in Hawaii

Divorce can be a challenging time, but knowing how to navigate the legal aspects can ease the process significantly. In Hawaii, obtaining the necessary divorce paperwork is a crucial first step. This article will guide you through the steps to obtain divorce papers in Hawaii, and what to expect during the divorce process.

Start Here: Online Access to Divorce Forms

For many people in Hawaii, the easiest way to get divorce papers is through online sources. The Hawaii State Judiciary provides a wealth of information, including downloadable forms and filing instructions. You can visit the Hawaii Judiciary’s website to access these forms. Here’s a simple breakdown of how you can proceed:

1. Visit the Hawaii State Judiciary Website: The site offers various forms depending on your specific needs. Whether you are filing a contested or uncontested divorce, you can find the appropriate forms here.
2. Select the Right Forms: Divorce papers come in different sets depending on the complexity of your case. Some of the most commonly required forms include:
   • Divorce Complaint
   • Summons
   • Appearance and Waiver
   • Income and Expense Declaration

Additionally, you may need forms specific to child custody if there are children involved. Selecting the right forms is crucial as using incorrect forms can delay the process or lead to legal issues.

1. Download and Print: Once you’ve selected the forms, download and print them. The forms are provided in PDF format and are fillable on your computer for convenience.

2. Filing the Forms: After completing the forms, they need to be filed at your local Family Court. This can be done either in person or by mail.

The In-Person Option: Visit Your Local Courthouse

If you prefer a more hands-on approach, you can visit your nearest courthouse to obtain divorce papers. The Family Court handles all divorce matters, and you can request the necessary documents at the court clerk’s office.

• Oahu: First Circuit Court, Kapolei Court Complex
• Maui: Second Circuit Court
• Hawaii (Big Island): Third Circuit Court
• Kauai: Fifth Circuit Court

These locations will have the appropriate forms for you. Be sure to check the court’s operational hours before visiting, as they may vary by location.

Fees and Costs Associated with Filing for Divorce in Hawaii

One aspect that often goes overlooked is the cost of filing divorce papers. In Hawaii, the filing fee for divorce can vary based on the county, but generally falls around $215. However, if you are unable to afford this fee, you can request a fee waiver by submitting an additional form. This waiver is known as a Motion to Waive Fees, and it requires you to demonstrate financial hardship.

Here is a table summarizing the typical costs involved in filing for divorce in Hawaii:

Service	Cost
Filing Divorce Complaint	$215
Service of Summons (if needed)	$25-$75
Certified Copy of Decree	$10
Motion to Waive Fees	Free

Common Mistakes When Filing for Divorce in Hawaii

There are common errors people make when filing for divorce in Hawaii, and being aware of these can save you time and stress. Mistakes include:

• Not filling out the forms completely: Missing information can result in your case being delayed or even dismissed.
• Incorrect service of papers: In Hawaii, the person filing for divorce is responsible for ensuring the other spouse is properly served. This can be done via a professional process server or by someone over the age of 18 who is not involved in the case.
• Failing to meet residency requirements: To file for divorce in Hawaii, either you or your spouse must have been a resident of the state for at least six months prior to filing.

Legal Assistance and DIY Options

While you can file for divorce on your own (a process known as pro se divorce), it is often helpful to consult with a family law attorney, especially if your case involves complicated issues like child custody, property division, or alimony.

If you are handling an uncontested divorce and feel confident about the process, you can proceed without an attorney. For those interested in handling the divorce without legal representation, there are a few essential resources:

• Self-Help Divorce Booklets: These are provided by the Hawaii State Judiciary and offer a comprehensive guide to filling out the necessary forms.
• Legal Aid Society of Hawaii: This organization offers assistance to low-income individuals seeking help with divorce and other family law matters.

Key Takeaways: Steps to File for Divorce in Hawaii

1. Download forms online from the Hawaii State Judiciary website or visit your local Family Court.
2. Ensure all forms are correctly filled out and meet Hawaii’s residency requirements.
3. File the completed forms in person at the Family Court or by mail.
4. Pay the filing fee or submit a Motion to Waive Fees if you are unable to pay.
5. Serve the divorce papers on your spouse and await their response.
6. Follow up with court hearings as needed, especially if the divorce is contested.

By following these steps, you’ll have a clearer path through the divorce process in Hawaii.