Hawaii Divorce Procedures

General public has online access to data regarding a case. This public service is executed by the State of Hawaii Judiciary. There are strict rules that a layman should not try to alter or delete this information as such attempts are unauthorized. This information can be removed only when the court passes orders to seal the case records.

Prominent points about Hawaii Divorce Procedure

• All divorce procedures take place in the Family Court
• Although any one party does not wish for divorce, the other party can be granted one
• There is no need to furnish any reason while applying for a divorce
• If a couple was married in some other state in the United States or in altogether other country, the couple be granted a divorce in Hawaii
• Irrespective of whether a specific person is a legal resident of another state or country or is a military personnel stationed in Hawaii, it is mandatory that this person must have resided in Hawaii for minimum 6 months before commencing the divorce process
• Usually, the divorcing partners do not feel the requirement of hiring a lawyer. However, if a lawyer is hired it would certainly prove beneficial
• The divorce process generally required many months
• The divorce can impact the immigration status, if the following conditions are fulfilled
  • The person is an alien on conditional status
  • The person is married to a citizen of the United States or a lawful permanent resident

Court Filing Fees of Hawaii Divorce Procedure

From 1st July 2003, the following fees were made effective in this state.

Divorce

• 100 USD Initial Filing Fee
• 25 USD Surcharge
• 50 USD Computer System Surcharge
• 50 USD Parent Education Surcharge

Restraining Order

• No Initial Filing Fee
• 15 USD for Motions. This is applicable for Respondent only and the Petitioner is not charged any fee

Uniform Child Custody Jurisdiction

• 15 USD Initial Filing Fee
• 25 USD Surcharge
• 50 USD Computer System Surcharge
• 15 USD Motions

How the divorce proceeds?

The divorce process begins when all the forms are filled by the Petitioner or the attorney of the Petitioner and are filed in the Family Court. In case there is a consensus between the divorcing partners regarding the terms of the divorce, the case is categorized as an uncontested divorce. The staff conveys whether the judge has endorsed the forms or if any amendment is demanded. In case the judge approves the forms, there is no need for the divorcing couple to remain present in court.

When there is a conflict amongst the divorcing partners regarding the terms of the divorce, the judge determines the outcome of the topics in conflict. Some of these issues are as follows.

• Is it essential that one partner should pay alimony to the other?
• Who would be responsible for the expenditure of the child(ren)?
• The place of residence of the children
• The payer and amount of child support
• How the debts must be divided amongst the parties?
• Division of property
• Which divorcing partner should be granted custody and which has visitation?

Venues for procuring forms on different islands

O'ahu

Management Services Branch of Family Court
777 Punchbowl Street
Honolulu, Hawaii 96813-5093

Maui, Molokai and Lanai

Wailuku Circuit Court
2145 Main Street
Room 106
Wailuku, Hawaii 96793

Hawaii

Circuit Court, Hilo
Hale Kaulike
777 Kilauea Avenue
Hilo, Hawaii 96720-4212

Kauai

Circuit Court, Lihue
3059 Umi Street
Room 101
Lihue, Hawaii 96766-1809

Divorce Papers