How to Divorce in Hawaii
Know which court to use., Get the paperwork you need., Use the Forms Checklist., Get assistance with the forms., Begin with the Divorce Complaint., State the grounds for divorce., Serve the complaint and summons., Meet to discuss the terms of the...
Step-by-Step Guide
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Step 1: Know which court to use.
In Hawaii, divorces are all handled by the Family Court, but each island has its own “circuit” of the Family Court.
You should contact the court in your area.
Oahu is the First Circuit.The Family Court for the First Circuit is located at Family Court Service Center, Ronald T.
Y.
Moon Judiciary Courthouse, 4675 Kapolei Parkway, Kapolei, Hawai`i 96707-3272.
Its phone number is (808) 954-8290.
The islands of Maui, Molokai and Lanai make up the Second Circuit.The Family Court for the Second Circuit is located at Wailuku Circuit Court, 2145 Main Street, Room 106, Wailuku, Hawai`i
96793.
Its phone number is (808) 244-2969.
The island of Hawaii makes up the Third Circuit.
The Family Court for the Third Circuit has two locations.
The first is Circuit Court, Hilo,Hale Kaulike, 777 Kilauea Avenue, Hilo, Hawai`i 96720-4212, and its phone number is (808) 961-7400.
The second court is at Circuit Court, Kona, 79-1020 Haukapila Street, Kealakekua, Hawai`i 96750, and its phone number is (808) 322-8750.
The island of Kauai is the Fifth Circuit.The Family Court for the Fifth Circuit is located at Pu’uhonua Kaulike, Judiciary Complex, 3970 Ka’ana Street, Lihue, Hawaii
96766.
Its phone number is (808)482-2330.
Notice that there is no Fourth Circuit. -
Step 2: Get the paperwork you need.
Whether you are filing an uncontested divorce, which is one in which both parties are able to agree on everything, or a contested divorce, which has certain issues that the judge will have to decide, there are basic forms that are common to both.
Each circuit, however, has slightly different sets of forms.
You may get copies of the forms by going to the court address, by calling the court to ask for the forms to be mailed to you, or by using the court’s web address:
First Circuit Forms: http://www.courts.state.hi.us/self-help/courts/forms/oahu/family_court_forms Second Circuit Forms: http://www.courts.state.hi.us/self-help/courts/forms/maui/family_court_forms Third Circuit Forms: http://www.courts.state.hi.us/self-help/courts/forms/hawaii/family_court_forms Fifth Circuit Forms: http://www.courts.state.hi.us/self-help/courts/forms/kauai/family_court_forms , Not every form will apply to every family situation.
The packet of forms, either online or that you will get from the courthouse, will contain a Forms Checklist.
Read this carefully.
It will tell you which forms are required, which apply only to special circumstances, the numbers of copies that you will need, and the order of completing them. , The court clerk may be able to assist you in some cases about the meanings of forms, but they will not answer legal questions.
For legal questions about completing the paperwork, you will need to consult with a family law attorney., Whether you are filing a contested divorce or an uncontested divorce, the paper that starts the whole proceeding is the divorce complaint.
The person initiating the divorce, called the “plaintiff,” completes and files the Complaint for Divorce.
This needs to be completed and filed with the court for the correct circuit.
It must be filed with the clerk, along with the filing fee.
The filing fee is $215, with an additional surcharge of $50 if there are children involved in the divorce., As part of the Complaint, the plaintiff will have to state the reason for the divorce.
In Hawaii, it does not matter if the two parties agree on the grounds for the divorce.
If one person wants the divorce, it will be granted, but it begins with this statement.
The complaint form contains three selections for the grounds for divorce:
The marriage is irretrievably broken.
The parties have lived separate and apart for 2 or more years under a separation agreement.
The parties have lived separate and apart for 2 or more years, and there is no expectation that they will get back together. , The plaintiff must serve (deliver) the complaint and summons to the other spouse, known as the defendant.
The plaintiff must complete a Proof of Service form that declares how the complaint and summons were delivered.The complaint contains the plaintiff’s statements about: the grounds for the divorce the number and ages of the children custody and visitation of children alimony and support payments. , This is where the two parties will determine whether this is going to be an uncontested or a contested divorce.
If there is total agreement, the parties will work together to complete the remaining paperwork, and file the forms as a contested divorce.
If there are differences, then they will proceed as a contested divorce. , The court will require both parents and any children ages 6-17 to attend an informational program known as “Kids First.” This is a program designed to help parents and children understand the effects of separation and divorce.
Facilitators work with the children to help them express their feelings or questions. -
Step 3: Use the Forms Checklist.
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Step 4: Get assistance with the forms.
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Step 5: Begin with the Divorce Complaint.
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Step 6: State the grounds for divorce.
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Step 7: Serve the complaint and summons.
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Step 8: Meet to discuss the terms of the divorce.
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Step 9: Attend “Kids First.” Whether the divorce is contested or uncontested
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Step 10: this step is required if there are children in the marriage.
Detailed Guide
In Hawaii, divorces are all handled by the Family Court, but each island has its own “circuit” of the Family Court.
You should contact the court in your area.
Oahu is the First Circuit.The Family Court for the First Circuit is located at Family Court Service Center, Ronald T.
Y.
Moon Judiciary Courthouse, 4675 Kapolei Parkway, Kapolei, Hawai`i 96707-3272.
Its phone number is (808) 954-8290.
The islands of Maui, Molokai and Lanai make up the Second Circuit.The Family Court for the Second Circuit is located at Wailuku Circuit Court, 2145 Main Street, Room 106, Wailuku, Hawai`i
96793.
Its phone number is (808) 244-2969.
The island of Hawaii makes up the Third Circuit.
The Family Court for the Third Circuit has two locations.
The first is Circuit Court, Hilo,Hale Kaulike, 777 Kilauea Avenue, Hilo, Hawai`i 96720-4212, and its phone number is (808) 961-7400.
The second court is at Circuit Court, Kona, 79-1020 Haukapila Street, Kealakekua, Hawai`i 96750, and its phone number is (808) 322-8750.
The island of Kauai is the Fifth Circuit.The Family Court for the Fifth Circuit is located at Pu’uhonua Kaulike, Judiciary Complex, 3970 Ka’ana Street, Lihue, Hawaii
96766.
Its phone number is (808)482-2330.
Notice that there is no Fourth Circuit.
Whether you are filing an uncontested divorce, which is one in which both parties are able to agree on everything, or a contested divorce, which has certain issues that the judge will have to decide, there are basic forms that are common to both.
Each circuit, however, has slightly different sets of forms.
You may get copies of the forms by going to the court address, by calling the court to ask for the forms to be mailed to you, or by using the court’s web address:
First Circuit Forms: http://www.courts.state.hi.us/self-help/courts/forms/oahu/family_court_forms Second Circuit Forms: http://www.courts.state.hi.us/self-help/courts/forms/maui/family_court_forms Third Circuit Forms: http://www.courts.state.hi.us/self-help/courts/forms/hawaii/family_court_forms Fifth Circuit Forms: http://www.courts.state.hi.us/self-help/courts/forms/kauai/family_court_forms , Not every form will apply to every family situation.
The packet of forms, either online or that you will get from the courthouse, will contain a Forms Checklist.
Read this carefully.
It will tell you which forms are required, which apply only to special circumstances, the numbers of copies that you will need, and the order of completing them. , The court clerk may be able to assist you in some cases about the meanings of forms, but they will not answer legal questions.
For legal questions about completing the paperwork, you will need to consult with a family law attorney., Whether you are filing a contested divorce or an uncontested divorce, the paper that starts the whole proceeding is the divorce complaint.
The person initiating the divorce, called the “plaintiff,” completes and files the Complaint for Divorce.
This needs to be completed and filed with the court for the correct circuit.
It must be filed with the clerk, along with the filing fee.
The filing fee is $215, with an additional surcharge of $50 if there are children involved in the divorce., As part of the Complaint, the plaintiff will have to state the reason for the divorce.
In Hawaii, it does not matter if the two parties agree on the grounds for the divorce.
If one person wants the divorce, it will be granted, but it begins with this statement.
The complaint form contains three selections for the grounds for divorce:
The marriage is irretrievably broken.
The parties have lived separate and apart for 2 or more years under a separation agreement.
The parties have lived separate and apart for 2 or more years, and there is no expectation that they will get back together. , The plaintiff must serve (deliver) the complaint and summons to the other spouse, known as the defendant.
The plaintiff must complete a Proof of Service form that declares how the complaint and summons were delivered.The complaint contains the plaintiff’s statements about: the grounds for the divorce the number and ages of the children custody and visitation of children alimony and support payments. , This is where the two parties will determine whether this is going to be an uncontested or a contested divorce.
If there is total agreement, the parties will work together to complete the remaining paperwork, and file the forms as a contested divorce.
If there are differences, then they will proceed as a contested divorce. , The court will require both parents and any children ages 6-17 to attend an informational program known as “Kids First.” This is a program designed to help parents and children understand the effects of separation and divorce.
Facilitators work with the children to help them express their feelings or questions.
About the Author
Marilyn Palmer
Enthusiastic about teaching practical skills techniques through clear, step-by-step guides.
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