Hawaii Divorce Checklist — Step-by-Step (2026)

Phase 1 — Pre-Filing Assessment

• Confirm: you are a current Hawaii domiciliary (Hawaii is your permanent home)
• Identify your circuit: Oahu → 1st, Maui → 2nd, Big Island → 3rd, Kauai → 5th
• Confirm the grounds: "Irretrievable breakdown"
• Gather all financial documents: income, bank accounts, investments, real estate, debts

Phase 2 — Financial Inventory

• All real estate: value, mortgage balance, marital vs. separate
• Bank and investment accounts: balances, marital vs. separate
• Retirement accounts: total balance; marital portion (contributions during marriage)
• Vehicles: values and loans
• All debts: creditor, balance, marital vs. separate
• Business interests (if any)
• Income documentation for both parties

Phase 3 — Draft the Settlement Agreement

• All marital real property addressed (assignment, sale, or buyout; Quitclaim Deed → Hawaii Bureau of Conveyances)
• All marital financial accounts assigned
• Retirement accounts: QDRO for employer plans; IRA transfer language
• Vehicles assigned; Hawaii DMV title transfer
• All marital debts assigned; indemnification language
• Separate property acknowledged and confirmed
• Spousal support: award with terms — or explicit waiver
• If children: legal custody, physical custody, Parenting Plan, child support per Hawaii Guidelines
• Both spouses sign and notarize the Settlement Agreement

Phase 4 — Complete Court Forms

Forms: courts.state.hi.us/self-help (check your circuit for local supplements)

• Complaint for Divorce (Form 1F-P-1 or your circuit's form)
• Summons
• Acceptance of Service (if spouse cooperates)
• Settlement Agreement (Division of Property and Other Matters)
• Proposed Divorce Decree
• If children: Parenting Plan; Child Support Worksheet per Hawaii Guidelines
• If children: Health Insurance Addendum and other required attachments

Phase 5 — File at Family Court (Your Circuit)

• File Complaint at Family Court in your circuit (island)
• Pay filing fee ($215–$265; varies by circuit)
• Receive case number
• Serve Respondent (or obtain Acceptance of Service)
• File Proof of Service / Acceptance of Service

Phase 6 — No Waiting Period

• No mandatory waiting period — proceed to scheduling a hearing immediately
• Schedule final hearing with the Family Court clerk

Phase 7 — Final Hearing

• Appear at hearing
• Judge reviews Settlement Agreement and Parenting Plan (if applicable)
• Judge enters Divorce Decree
• Obtain certified copies

Phase 8 — Post-Divorce Steps

• Real estate deed: Quitclaim Deed → Hawaii Bureau of Conveyances (state-level office — NOT a county recorder)
• QDRO for employer retirement plans
• Vehicles: Hawaii DMV
• Name restoration: Hawaii DMV → Social Security → accounts
• Beneficiary designations: life insurance, retirement, payable-on-death

Last reviewed: March 2026 | 2021 law — current domicile only | No waiting period | "Irretrievable breakdown" | 1st/2nd/3rd/5th Circuits by island | Equitable distribution | Hawaii Bureau of Conveyances for deed recording | courts.state.hi.us/self-help

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.