How to File Divorce Forms in Hawaii
- 1). Fulfill the residency and filing requirements. Hawaii law requires that either party live and have a permanent residence in Hawaii for at least six months prior to filing the Complaint for Divorce. In addition, you must declare in the petition that the marriage is "irretrievably broken" and/or that the parties are living separately and not providing financial support to each other.
- 2). Determine which Family Law Court to file in. There are four districts: O'ahu, Maui, Hawai'I, and Kaua'I (see References 2). Bring your divorce forms to the district where you lived (if you are the Plaintiff) or the district where you last resided with your spouse as a married couple.
- 3). Pay the required filing fee. Speak with the County Clerk in the Office of the Family Court and explain that you are filing for divorce. Be sure to have your Complaint for Divorce and any other forms (such as affidavits or motions) completed and ready. As of 2010, you must pay at least $175 (for divorces without minor children) or $225; the fees may vary if you require additional filings such as paternity actions and restraining orders.
- 4). Wait for the Court to process your papers. Once you pay the fees and hand over your documents to the Clerk, the Clerk will process your papers. If all is in order, the Court will send you notice of the filing; make a note of your case number and the judge. If the Court requires additional information or clarification, the Court will contact you to provide the necessary information.
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