A spouse can initiate the divorce process by filling out the documents below. Once complete, the filer must make photocopies and submit all forms to the Family Court. The filer will be charged a fee of $215 if filing without children or $265 if filing with children. If unable to afford the fee, the filer can request an exemption by filing an Ex Parte Motion and Affidavit to Waive Filing Fees. A clerk will keep the original documents and stamp the copies. The stamped copies will be returned to the filer.

• Complaint for Divorce; Automatic Restraining Order; Summons to Answer Complaint + Three (3) Copies
• Memo Regarding Automatic Restraining Orders + One (1) Copy
• Matrimonial Action Information + One (1) Copy
• Income and Expense Statement + One (1) Copy
• Asset and Debt Statement + One (1) Copy

If the couple has minor children, each parent must complete a Kids First Information Sheet and make one (1) copy. The originals and photocopies must be submitted to the court. Once filed, a clerk will arrange a date when the couple and their children ages six (6) to seventeen (17) must attend a parenting program. If either spouse has a legitimate reason why they should not attend this program, they may request an exemption by filing a Request to be Excused from Attending Kids First Program.

The spouses must complete an Income and Expense Statement, Asset and Debt Statement, and the appropriate Child Support Guidelines Worksheet (if applicable). They should make one (1) copy of each form and file all documents with the court. Each spouse should provide the other with stamped copies of their forms. The spouses should then discuss the terms of their separation including alimony, child support, parental rights, and the division of marital assets. Once the settlement terms have been agreed to, the couple should record the conditions in a Marital Separation Agreement and submit it to the court.

The next step requires the filer to serve the other spouse with stamped copies of the Complaint for Divorce; Automatic Restraining Order; Summons to Answer Complaint and the Memo Regarding Automatic Restraining Orders. The following service methods are accepted by the court:

• Personal Service by Spouse
  • The filer can personally serve the documents. The other spouse must sign a Divorce Decree (no children) or Decree Granting Divorce and Awarding Child Custody (with children). The other spouse must then sign an Appearance and Waiver in the presence of a notary public. The Appearance and Waiver and three (3) photocopies must be filed with the court.
• Personal Service Private Process Server or Other Individual
  • An individual who is authorized to serve legal papers may serve the forms. The service person must complete a Proof of Service and return it to the filer. The filer must then submit the Proof of Service and one (1) photocopy to the court.
• Certified or Registered Mail
  • If the non-filing spouse lives outside of Maui, a notarized Motion for Service by Mail and Affidavit; Order for Service by Mail may be submitted to the court to request permission to serve them by mail. After permission is granted, the filer can deliver the documents by certified or registered mail with a return receipt requested. The filer must then fill out a Statement of Mailing Exhibits “1” and “2″ and attach the return receipt. One (1) copy of the statement must be made, and both the original and photocopy must be filed with the court.

Within twenty (20) days after serving the divorce papers, the recipient must provide the court with an Answer to Complaint for Divorce plus one (1) photocopy. A stamped copy of the Answer must be delivered to the filer.

Note: In an uncontested divorce case, the recipient’s answer must agree with all claims made in the divorce complaint.

After the Answer has been filed, the spouse who commenced the divorce action must submit the following forms to the courthouse along with a stamped, self-addressed envelope for each spouse:

• Request for a Non-Hearing Uncontested Divorce + One (1) Copy
• Affidavit of Plaintiff (must be notarized) + One Copy
• Divorce Decree (no children) or Decree Granting Divorce and Awarding Child Custody (with children) + Three (3) Copies
• Income Withholding Order/Notice for Support (if the spouses have minor children) + Four (4) Copies

Note: Stamped copies of the Income Withholding Order/Notice for Support must be delivered by certified mail (return receipt requested) to the other spouse, the other spouse’s employer, and the Child Support Enforcement Agency. After the document has been delivered, the filer must complete a Statement of Mailing – Order Withholding Income, make one (1) copy, and file all documents with the court.

It should take approximately two (2) weeks for the case to be reviewed by a judge. If the application for divorce is granted, the couple will receive certified copies of the Divorce Decree and the Income Withholding Order/Notice for Support. If a name change was requested during the divorce process, a certified copy of the Divorce Decree may be used as proof of the name change when renewing one’s driver’s license, social security information, and personal accounts.