Hawaii Marital Settlement Agreement | Kaua`i

The Hawaii marital settlement agreement is a contract that spouses may use to define their rights and responsibilities with regard to their relationship following the termination of their marriage. The separation agreement can include conditions for child support, alimony, parental responsibilities, and the distribution of marital property. Before drafting the agreement, each party must provide the other with a disclosure of their income, expenses, assets, and debts in order to promote transparency and ensure fairness with regard to the division of property.

How to File for Divorce in Hawaii

  • Where to File – Family Court
  • Filing Fee – $215 (No Children); $265 (With Children)
  • How Long Does it Take? Thirty (30) to Ninety (90) days (source: 3stepdivorce.com)

Divorce Forms

Uncontested Divorce with No ChildrenInstructions and Filing Packet:

  • Complaint for Divorce (5F-P-186)
  • Summons to Answer Complaint (5F-P-187)
  • Matrimonial Action Information (5F-P-188)
  • Appearance and Waiver (5F-P-189)
  • Proof of Service (5F-P-190)
  • Motion for Service by Mail and Affidavit; Order for Service by Mail (5F-P-191)
  • Statement of Mailing Exhibit “1” and “2” (5F-P-192)
  • Certificate of Mailing (5F-P-193)
  • Income and Expense Statement (5F-P-194)
  • Asset and Debt Statement (5F-P-195)
  • Administrative Judge’s Memorandum (5F-P-196)
  • Administrative Judge’s Memorandum (5F-P-198)
  • Affidavit of Plaintiff (5F-P-197)
  • Initial Pre-Trial Order (5F-P-199)
  • Case Status Report (5F-P-200)
  • Divorce Decree (5F-P-201)
  • Request for Waiver of Prepayment of Court Cost (5F-P-167) (not included in filing packet)

Uncontested Divorce With ChildrenInstructions and Filing Packet

  • Complaint for Divorce (5F-P-186)
  • Summons to Answer Complaint (5F-P-187)
  • Matrimonial Action Information (5F-P-188)
  • Appearance and Waiver (5F-P-189)
  • Proof of Service (5F-P-190)
  • Motion for Service by Mail and Affidavit; Order for Service by Mail (5F-P-191)
  • Statement of Mailing Exhibit “1” and “2” (5F-P-192)
  • Affidavit of Plaintiff (5F-P-203)
  • Income and Expense Statement (5F-P-194)
  • Asset and Debt Statement (5F-P-195)
  • Administrative Judge’s Memorandum (5F-P-196)
  • Administrative Judge’s Memorandum (5F-P-198)
  • Notice to Attend Kids First Program (5F-P-161)
  • Kids First Program Information Sheet (5F-P-207)
  • Initial Pre-Trail Order (5F-P-199)
  • Case Status Report (5F-P-200)
  • Affidavit of Plaintiff (5F-P-197)
  • Divorce Decree (5F-P-206)
  • Certificate of Mailing (5F-P-193)
  • Request for Waiver of Attendance at Kids First Session; Order (5F-P-213) (not included in filing packet)
  • Request for Waiver of Prepayment of Court Cost (5F-P-167) (not included in filing packet)
  • Proposed Parenting Plan (5F-E-160) (not included in filing packet)
  • Child Support Guidelines Worksheet (not available online)
  • Order of Income Assignment (not available online)

Step 1 – Fill out Divorce Paperwork

Individuals filing for divorce must complete the documents listed below and file them with the Family Court. A court clerk will keep the original documents, stamp the photocopies, and return the copies to the filer (the “plaintiff”). The plaintiff will be charged a fee of either $215 (if filing without minor children) or $265 (if filing with minor children). If the plaintiff is unable to pay, they can ask for an exemption by filing a Request for Waiver of Prepayment of Court Cost.

  • Complaint for Divorce + Three (3) Copies
  • Summons to Answer Complaint + Three (3) Copies
  • Matrimonial Action Information + One (1) Copy
  • Initial Pre-Trial Order + Two (2) Copies
  • Case Status Report + Two (2) Copies
  • Administrative Judge’s Memorandum (5F-P-196) + Two (2) Copies
  • Administrative Judge’s Memorandum (5F-P-198) + Two (2) Copies

Step 2 – Kids First Program

If the spouses have minor children from the marriage, the documents below must also be filed with the court. A clerk will schedule a date when the spouses and their children ages six (6) to seventeen (17) must attend a parenting workshop. Either spouse can ask to be excused from this workshop by filing a Request for Waiver of Attendance at Kids First Session; Order.

  • Notice to Attend Kids First Program + Two (2) Copies
  • Kids First Program Information Sheet + One (1) Copy

Step 3 – Financial Disclosures and Child Support Information

Both spouses must disclose their finances in an Income and Expense Statement and an Asset and Debt Statement. Parents of minor children must also fill out a Proposed Parenting Plan and a Child Support Guidelines Worksheet (not available online; contact a court clerk for details). Two (2) copies of each form are needed, and all documents must be filed with the court.

Step 4 – Marital Separation Agreement and Divorce Decree

The spouses should execute a Marital Separation Agreement to define child support, custody rights, parental obligations, alimony, and the division of marital property. The information stated in the separation agreement must be reiterated in the Divorce Decree.

Step 5 – Serve Papers on Other Spouse

The plaintiff must serve the other spouse (the “defendant”) with stamped copies of the Complaint for Divorce, Summons to Answer Complaint, Initial Pre-Trial Order, Notice to Attend Kids First Program (if applicable), and the two (2) Administrative Judge’s Memorandums. The documents may be served using any of the following methods:

  • Personal Service
    • The plaintiff may hand-deliver the paperwork to the defendant. The defendant must sign an Appearance and Waiver and make one (1) copy. Both the original document and the photocopy must be filed with the court.
  • Third-Party Service
    • The documents may be personally delivered to the defendant by an adult who is not related to either spouse. The service person must complete a Proof of Service. The plaintiff must file the original Proof of Service and one (1) copy with the court.
  • Certified or Registered Mail
    • If the defendant lives off-island, the plaintiff can file a notarized Motion for Service by Mail and Affidavit; Order for Service by Mail plus one (1) copy. This will ask for the court’s permission to send the documents by mail. If permission is granted, the plaintiff can send the paperwork by certified or registered mail with a return receipt requested. The return receipt must be attached to the Statement of Mailing Exhibit “1” and “2.” The statement and one (1) copy must be filed with the court.

Within twenty (20) days after serving the documents, the defendant must file a written answer with the court to state whether they disagree with the plaintiff’s allegations. A copy of the defendant’s answer should be provided to the plaintiff.

Step 6 – File Remaining Paperwork

The plaintiff must fill out an Affidavit of Plaintiff and sign it in the presence of a notary public. Couples with minor children will need to complete an Order of Income Assignment (OIA) (not provided online; contact the Family Court for information). There need to be three (3) copies of the OIA, one (1) copy of the Affidavit of Plaintiff, and three (3) copies of the Divorce Decree. All documents must be filed with the court.

  • A stamped copy of the Divorce Decree must be delivered to the defendant. The plaintiff must complete a Certificate of Mailing, make one (1) copy, and file both the original and copy with the court.
  • Stamped copies of the OIA should be delivered to the defendant, to the defendant’s employer, and the Child Support Enforcement Agency.

Step 7 – Judge’s Decision

A judge will review the case in court without the couple’s attendance. If further action is required, another hearing date will be set requiring the couple to appear in court and present their cases before a judge. If the judge authorizes the divorce request, the couple should receive a certified copy of the Divorce Decree in the mail.

Step 8 – Change Name

If either spouse asked the court for a legal name change during the divorce process, the Divorce Decree will include the new name. The Divorce Decree may then be used as proof of the change when updating their identification cards, Social Security information, and personal records.