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Guide to Uncontested Divorce in Hawaii

December 23, 2025

Uncontested / Simple Divorce in Hawaii: A Plain-English Guide

If you and your spouse agree that your marriage is over and you don’t want a long, expensive fight in court, the highest value “simple divorce” path in Hawaii is often an Uncontested Divorce by Affidavit, the process many people mean when they search “how to get a divorce without going to court.”

Instead of giving live testimony at a hearing, you typically submit sworn paperwork, especially the Affidavit of Plaintiff, so the judge can review the file and sign the Divorce Decree without you needing to appear in person (when your case qualifies and your packet is complete).

This guide explains, in plain language, how an Uncontested Divorce by Affidavit in Hawaii usually works: who qualifies, what steps are involved, how long it may take, and how a do it yourself approach fits into the process across the islands (First Circuit/Oʻahu, Second Circuit/Maui County, Third Circuit/Hawaiʻi Island, and Fifth Circuit/Kauaʻi).

Important: Nothing here is legal advice. Court rules, forms, and fees change, and every family situation is different. PlainDivorce.com is not a law firm. Before you file anything, always double check current information with the Hawaii State Judiciary and your circuit Family Court, or talk to a local family law attorney if you’re unsure.

Table of Contents

uncontested divorce by affidavit Hawaii

1. What Is an Uncontested Divorce by Affidavit in Hawaii?

In Hawaii, all divorces go through the Family Court in your circuit. Most “simple” cases are no-fault, meaning one spouse alleges the marriage is irretrievably broken (in plain English: the relationship can’t be repaired). You usually don’t have to prove wrongdoing like adultery or cruelty to get divorced.

An uncontested divorce is a case where:

  • Both spouses agree to the divorce, and
  • Both spouses have already agreed on the terms, including children (if any), child support, spousal support, property, and debts.

What makes Hawaii unique (and what most people are searching for) is the Uncontested Divorce by Affidavit. This is the legal track that can allow you to finalize your divorce without an in person hearing when your paperwork is complete and your case qualifies.

The key “court dialect” term is the Affidavit of Plaintiff. It is the sworn statement that typically replaces oral testimony, meaning you are telling the judge the required facts (under oath) on paper, instead of speaking in court.

Hawaii does not use “simple divorce” as an official legal category. When people say “simple divorce in Hawaii,” they usually mean a cooperative uncontested case where the judge can review the file and sign the Divorce Decree with minimal drama and delay.

2. Who Qualifies for an Uncontested Divorce by Affidavit?

Before you focus on forms, you’ll want to confirm three things: residency, grounds, and agreement.

Residency and where to file (circuit matters)

Hawaii divorce filing is circuit based. The basic rule is often described like this:

  • Either spouse must have been domiciled or physically present in Hawaii for at least six months in a row before filing, and
  • The spouse who files must have been domiciled or present in the circuit for at least three months before filing.

Circuit keywords you’ll see (and that affect where you file):

  • First Circuit (Oʻahu)
  • Second Circuit (Maui, Molokaʻi, Lānaʻi)
  • Third Circuit (Hawaiʻi Island)
  • Fifth Circuit (Kauaʻi)

Why this matters for SEO and real life: The uncontested packets and local filing instructions can differ slightly by circuit and island, even though the overall process is similar statewide.

Grounds for divorce in Hawaii

Most uncontested divorces are based on the marriage being irretrievably broken. In simple terms, at least one spouse believes the marriage cannot be repaired.

Agreement on all major issues

To stay uncontested (and be a good fit for “by affidavit”), you generally need agreement on:

  • Property and debts (what gets divided and who keeps what)
  • Spousal support (maintenance), if any
  • If children are involved: custody and time sharing, decision making, and child support

If you have major disputes, safety concerns, or you suspect hidden assets, your case may not be a good DIY candidate, even if you hope to avoid court.

3. Step by Step: Hawaii Uncontested Divorce by Affidavit (With Circuit Notes)

Process overview (text only): File Complaint for Divorce + Matrimonial Action Information (MAI) Sheet → Defendant signs Appearance and Waiver (or service is completed) → File required financial disclosures (Asset and Debt Statement + Income and Expense Statement) → Submit Affidavit of Plaintiff (Uncontested by Affidavit track) → Submit final packet (including any required self addressed stamped envelopes) → Judge reviews → Divorce Decree.

Every case is unique, but most Hawaii Uncontested Divorces by Affidavit follow a similar pattern. The terms below are the “local court language” that helps people avoid getting stuck.

Step 1 – Confirm your circuit and eligibility

  • Are you filing in the correct circuit Family Court (First/Second/Third/Fifth Circuit)?
  • Do you meet the six month Hawaii requirement and the three month circuit requirement?
  • Is your case truly uncontested (full agreement on the terms)?

Step 2 – Get your agreement clear (especially property and debts)

Before forms, make a clean list of:

  • Assets (home, vehicles, bank accounts, retirement, personal property)
  • Debts (credit cards, loans, mortgages)
  • Who keeps what, and who pays what going forward
  • If applicable: spousal support terms and child related terms

This matters because your paperwork will often require consistent disclosure, and inconsistent numbers are a common reason courts return packets for correction.

Step 3 – Prepare the Hawaii Family Court forms (including the administrative wrapper)

In Hawaii, the “bureaucratic wrapper” matters just as much as the legal forms. In many circuits, the clerk cannot even open the case until the required cover sheet is included.

In Hawaii, the forms people most often see in uncontested packets include:

  • Matrimonial Action Information (MAI) Sheet (required cover sheet to open the case in many packets)
  • Complaint for Divorce (the main filing that starts the case)
  • Summons (issued for service, if needed)
  • Appearance and Waiver (the defendant’s document to waive service and participate without contesting)
  • Asset and Debt Statement (mandatory financial disclosure)
  • Income and Expense Statement (mandatory financial disclosure)
  • Affidavit of Plaintiff (the sworn statement that often replaces in court testimony in the “by affidavit” track)
  • Proposed Divorce Decree (the order the judge signs to finalize the divorce)
  • Self addressed stamped envelopes (often required so the court can mail file stamped copies and the signed decree, follow your circuit checklist)

Circuit note: First Circuit (Oʻahu) packets can look slightly different from Second (Maui), Third (Hawaiʻi Island), or Fifth (Kauaʻi) Circuit packets. Always start with the packet for your specific circuit and case type (with or without children).

Step 4 – File your packet with the Family Court in your circuit

Once your forms are complete and signed, you file them with the Family Court for your circuit (in person or through the court’s accepted filing method). Keep copies of everything you submit.

MAI Sheet reminder: If your packet requires an MAI Sheet and it is missing, the clerk may not be able to assign a case number or accept the filing.

Step 5 – Service, or the Appearance and Waiver shortcut

If the defendant signs the Appearance and Waiver, that can simplify the process because it typically avoids formal service (like sheriff or process server) and signals cooperation. If the defendant will not sign, you may need formal service, and delays are common if service isn’t done correctly.

Step 6 – The “no court hearing” goal: submit the Affidavit of Plaintiff

This is the pivot that matters most for Hawaii: in an Uncontested Divorce by Affidavit, the Affidavit of Plaintiff is the key document that provides sworn testimony on paper. If your packet is complete, the judge may be able to finalize the divorce without scheduling you for an in person hearing.

Step 7 – Receive your Divorce Decree (do not skip the mailing materials)

Once the judge signs and the court files it, the Divorce Decree is your final proof that the marriage has ended. Many Hawaii packets instruct you to include self addressed stamped envelopes so the court can mail you file stamped copies and the signed decree. If you do not include the required envelopes, you may have to follow up in person or through your circuit’s clerk procedures to obtain your copies.

You can also request certified copies for name changes, benefits updates, and other official needs.

4. Special Issues When You Have Children (Including Kids First)

If you have minor children, the court will look more closely at parenting and support arrangements, even if you agree. Your packet will usually require more child related forms and information.

Kids First is often a signature gatekeeper (especially First Circuit, Oʻahu)

In cases with minor and or dependent children, Hawaii courts can require a parent education program. In the First Circuit (Oʻahu), many people recognize this as Kids First. Official instructions treat Kids First as mandatory, and in practice many cases will not move to final signature until the program requirement is satisfied and your completion is in the file.

Parenting plans and child support

Your paperwork must clearly explain custody and time sharing, decision making, and child support. Hawaii uses child support guidelines, and the court typically expects the guideline calculations unless there’s a valid reason to deviate.

Income Withholding Order / Notice (often required paperwork)

Even if both parents agree to handle support cooperatively, Hawaii child support cases commonly require the Income Withholding Order / Notice paperwork to be prepared and submitted, so enforcement can be activated if payments stop. In some situations it may be stayed or suspended, but the paperwork still needs to be in the packet if your circuit requires it.

5. How Long Does an Uncontested Divorce by Affidavit Take in Hawaii?

There is no single statewide timeline because workload varies by circuit (Oʻahu vs. Maui vs. Hawaiʻi Island vs. Kauaʻi) and because incomplete packets cause delays. But in general, uncontested cases “by affidavit” often move faster than contested cases because you’re not waiting for multiple hearings.

  • Typical range: many clean, correctly filed uncontested divorce by affidavit cases can finalize in weeks to a few months (depending on circuit backlog).
  • Common delay drivers: missing MAI Sheet, missing signatures, inconsistent disclosures, incomplete Asset and Debt Statement or Income and Expense Statement, service problems, missing Kids First completion (cases with children), or missing child support administrative forms like the Income Withholding Order / Notice.

6. What Does an Uncontested Divorce Cost in Hawaii?

Costs can vary, but the big buckets are court fees and service, notary, and copies.

Court filing fees (confirm current amounts with your circuit)

Hawaii filing fees can change and may differ slightly depending on whether your case involves minor or dependent children. Many people see filing fees commonly listed around:

  • Approximately $215 (no minor children)
  • Approximately $265 (minor children, often reflecting additional required program related fees)

Important: Always confirm the current fee schedule with the Hawaii State Judiciary and your circuit Family Court before filing.

Other common costs

  • Service fees if the defendant won’t sign an Appearance and Waiver
  • Notary fees for sworn documents (including affidavits)
  • Copy and certification fees for certified copies of the Divorce Decree
  • Parent education fees if required (cases with children, such as Kids First)
  • Postage for required self addressed stamped envelopes (if your circuit packet requires them)
  • Optional legal review or mediation if you want limited scope professional help

7. When a DIY Divorce Might Not Be Right for You

A DIY uncontested divorce by affidavit approach is designed for cooperative, low conflict cases. Be cautious about going fully DIY if there’s domestic violence, coercion, hidden assets, complex finances (businesses, multiple properties, large retirement), immigration consequences, or serious tax or bankruptcy issues. In those situations, it’s smart to get legal advice before you sign or file anything.

8. Where a Self Help Divorce Kit Fits Into the Process

If your case is truly uncontested, a Hawaii focused self help kit can help you stay organized around the exact “local” steps that matter most: filing the Complaint for Divorce with the MAI Sheet, using the Appearance and Waiver when appropriate, completing the Asset and Debt Statement and Income and Expense Statement correctly, and understanding how the Affidavit of Plaintiff supports an Uncontested Divorce by Affidavit (the “no hearing” path most people want).

If you have children, a kit can also help you track gatekeeper items like Kids First completion and administrative child support paperwork like the Income Withholding Order / Notice, which are common reasons cases stall.

If you’re ready to get organized, you can download our Hawaii kit here:

Download Our Hawaii Uncontested Divorce Self-Help Kit

PlainDivorce.com provides information and tools, not legal advice, and you should always confirm your circuit’s current forms and filing instructions before submitting documents.

9. Final Thoughts and Next Steps

If you and your spouse are on the same page, the most valuable “simple divorce” concept in Hawaii is usually the Uncontested Divorce by Affidavit, built around the Affidavit of Plaintiff so you may be able to finalize your case without appearing in court.

  • Confirm you meet Hawaii and circuit residency requirements (First/Second/Third/Fifth Circuit).
  • Make your agreement clear on property, debts, support, and (if applicable) children.
  • Use Hawaii’s exact form names and complete the required financial disclosures.
  • Do not skip the Matrimonial Action Information (MAI) Sheet if your packet requires it.
  • Use the Appearance and Waiver when appropriate to avoid service delays.
  • If you have children, treat Kids First as a timing gate, and prepare required support administration forms like the Income Withholding Order / Notice.
  • Follow your circuit’s packet instructions for mailing materials, including any required self addressed stamped envelopes.

And remember: this guide is legal information, not legal advice. If anything about your case feels unsafe, unfair, or legally complex, talk to a Hawaii family law attorney before you file.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.