Hawaii Marital Settlement Agreement | O`ahu

The O`ahu marital settlement agreement is a contract with which a married couple can set forth terms and conditions for their divorce with respect to alimony payments, parental obligations, child support, and the distribution of assets. A separation agreement helps demonstrate the couple’s willingness to end their marriage in a civil manner without further intervention from the court. After the divorce is granted, the couple must honor the contract and satisfy the settlement terms so long as the conditions are approved in court.

How to File for Divorce in O`ahu

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

Uncontested Divorce with No Children:

Uncontested Divorce With Children:

Step 1 – File for Divorce

The spouse initiating the divorce action must fill out the documents below, make all necessary copies, and submit them to the Family Court. A clerk of the court will file the original documents, stamp the photocopies, and return the copies to the filer. The filer will be charged either $215 (no minor children) or $265 (with minor children).

If either spouse has minor children, the filer will also need to submit to the court a Notice to Attend Kids First plus two (2) copies. The clerk will assign a date and time when the couple and their children ages six (6) to seventeen (17) must attend the Kids First Program. Either spouse can request an exemption from this program by filing the Request to be Excused from Attending Kids First.

Step 2 – Serve Other Spouse

The filer must serve the other spouse with stamped copies of the Complaint for Divorce; Automatic Restraining Order; and Summons to Answer Complaint, Matrimonial Action Information, and the Notice to Attend Kids First (if applicable). Depending on the service method, the filer must complete one (1) of the following forms to prove that service took place:

  • Appearance and Waiver + Three (3) Copies
  • Proof of Service + Three (3) Copies
    • The divorce documents must be personally served on the other spouse by an individual authorized to serve legal documents. After serving the forms, the service person must fill out the Proof of Service, which the filer must submit to the court.
  • Statement of Mailing Exhibits “1” and “2” + Three (3) Copies
    • If the other spouse doesn’t live in O`ahu, the filer must submit a Motion for Service by Mail and Declaration; Order for Service by Mail + two (2) copies to the court. This form is used to request the court’s permission to serve the papers by mail. After receiving permission, the filer must send the documents to the other spouse by certified or registered mail, return receipt requested. The returned receipt must be attached to the Statement of Mailing Exhibits “1” and “2” and filed with the court.

After the other spouse receives the divorce papers, they must respond within twenty (20) days by filing an Answer to Complaint for Divorce. A stamped copy of the answer must be delivered to the filer.

Step 3 – Financial Disclosures

Each spouse must provide the court with statements of their income, expenses, assets, and debts. The information provided in these statements must be current within sixty (60) days of the initial filing date of the complaint. The financial disclosures demanded by the court are as follows:

Step 4 – Parenting Responsibilities

Parents of minor children will need to complete a Proposed Parenting Plan and the appropriate Child Support Guidelines Worksheet. If child support is to be handled by the Child Support Enforcement Agency, the couple must prepare an Order/Notice To Withhold Income for Support. However, if child support will be paid privately, the couple must instead use the Supplemental Affidavit Re: Direct Payment Child Support (must be notarized). Supervised visitation rights should be outlined in an Order Regarding Supervised Visitation. All forms plus an additional copy must be submitted to the court. The sole exception is the Order/Notice to Withhold Income for Support which must be submitted with five (5) additional copies.

Step 5 – Marital Settlement Agreement

Once the couple has established their parental responsibilities and child support obligations, they should consider drafting a Marital Settlement Agreement. This contract allows the couple to set forth terms concerning alimony payments, the division of marital assets, and other conditions pertaining to their separation. Once complete, the separation agreement may be submitted to the court for review.

Step 6 – Divorce Decree and Affidavit of Plaintiff

The couple must fill out a Divorce Decree (no children) or Divorce Decree (with children). The filer must complete an Affidavit of Plaintiff and sign it in the presence of a notary public. There must be five (5) copies of the Decree and one (1) copy of the Affidavit. The filer must submit the original documents, the photocopies, and two (2) self-addressed and stamped envelopes (one (1) for each spouse) to the court.

Step 7 – Mail Child Support Documents

Stamped copies of both the Divorce Decree and Order/Notice To Withhold Income for Support (if applicable) must be sent by certified mail, return receipt requested, to the Child Support Enforcement Agency. If child support payments are going to paid through the Child Support Enforcement Agency, a stamped copy of the Order/Notice To Withhold Income for Support must be sent in the same manner to the other spouse’s employer.

Step 8 – Divorce Judgment

After the requisite divorce documents have been filed with the court, a judge will review the case to determine whether a divorce should be granted. If approved, the judge will sign the Divorce Decree to terminate the marriage. A stamped copy of the Divorce Decree and the Order/Notice To Withhold Income for Support (if applicable) will be delivered by mail to each spouse.

Step 9 – Name Change

If either spouse requested to change their middle or last name during the divorce process, the change will be indicated on the Divorce Decree they received in the mail. The decree serves as evidence of the name change and may be used to update their personal accounts and identification cards.