Hawaii Divorce Forms: What Each Form Does and When to File It
Hawaii Divorce Forms: What Each Form Does and When to File It
You download Hawaii's free divorce packet and find a dozen forms with no clear instructions on which ones to complete first, which need notarization, or which are only required if you have children. Here is every form in the standard uncontested divorce filing, what it does, and the order you need to file them.
Phase 1: Opening Your Case
These four documents go to the courthouse clerk together when you file. You need the original of each plus three copies.
Complaint for Divorce — The document that officially asks the court to dissolve your marriage. You state your grounds (almost always "irretrievable breakdown" in Hawaii's no-fault system), identify any minor children, and declare your residency. Must be signed under penalty of perjury or notarized.
Summons to Answer Complaint — Formal notice to your spouse that a divorce case has been filed. It warns them they have 20 days from the date of service to file a written response. The clerk signs and stamps this at filing.
Matrimonial Action Information (MAI) Sheet — An administrative intake form that gives the court clerk demographic data — marriage date, number of children, addresses. It is not a legal pleading but is required to open the case.
Proposed Automatic Restraining Order (ARO) — Required under HRS § 580-10.5 and attached to every Complaint. Once signed by the judge, it prevents both spouses from selling assets, changing insurance beneficiaries, or relocating children out of state during the divorce.
Phase 2: Service of Process Forms
After the clerk stamps your initial documents, you must formally deliver them to your spouse.
Appearance and Waiver (e.g., Form 1F-P-332 in the First Circuit) — If your spouse agrees to the divorce, they sign this form before a notary to acknowledge they received the documents and waive their right to a formal hearing. The notary date must come after the court's filing stamp date — a pre-dated waiver is automatically rejected.
Proof of Service — If you use a process server or sheriff for personal service, the server fills out this form documenting when and where the documents were delivered.
Ex Parte Motion for Service by Mail and Declaration — Required when your spouse lives on another island or out of state. A judge must approve mailing before it counts as valid service.
Statement of Mailing — After approved mail service, you tape the signed green return receipt card to this form and file it with the court.
Phase 3: Financial Disclosure Forms
Both spouses must complete these. They must be signed within 60 days of the court's review date — older signatures get rejected as stale.
Income and Expense Statement — Lists gross and net monthly income, payroll deductions, and itemized monthly expenses.
Asset and Debt Statement — Inventories all real estate, bank accounts, retirement plans, vehicles, and outstanding debts. This is where Hawaii's Marital Partnership Model comes into play, requiring you to trace assets across the five NMV categories.
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Phase 4: Parenting Forms (Only If You Have Children)
Kids First Verification — Both parents must complete the mandatory "Kids First" parenting education program and submit proof of completion. This program is required before the court will finalize a divorce involving minor children.
Phase 5: Final Decree Packet
Affidavit of Plaintiff — Your sworn statement confirming residency, grounds, and that all terms have been agreed upon. This replaces an in-person court hearing for uncontested cases.
Request for Non-Hearing — Asks the judge to review and approve the divorce on paper without scheduling a hearing.
Proposed Divorce Decree — The actual final order dissolving your marriage, including custody, support, and property division terms.
Self-Addressed Stamped Envelopes (SASEs) — Most circuits require two stamped envelopes so the court can mail back the signed decree to both parties.
Each circuit uses slightly different form numbers and has its own packet organization. The Hawaii Divorce Filing Process Guide includes circuit-specific filing checklists that map every form to its correct filing phase so nothing gets missed or submitted out of order.
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Download the Hawaii — Divorce Filing Quick-Start Checklist — a printable guide with checklists, scripts, and action plans you can start using today.