Hawaii Uncontested Divorce Complaint + Decree Filing Packet

Hawaii Uncontested Divorce Complaint + Decree Filing Packet

Pre-Filing Eligibility and Residency Checklist

☐ JURISDICTION / RESIDENCY (HRS § 580-1):

• For an ordinary divorce action under HRS § 580-1(a), Plaintiff is domiciled in the Judicial Circuit when the Complaint is filed. The section's three-month physical-presence rule addresses annulment and separation, not ordinary divorce. Check the narrow § 580-1(b) exception separately if neither spouse meets subsection (a).

☐ Ground for divorce — the marriage is irretrievably broken (HRS § 580-41(1)). HRS § 580-21 concerns annulment, not divorce.
☐ One party will affirm irretrievable breakdown under oath and the other will not deny it, or both will affirm it. The Court may waive a hearing on an uncontested complaint and admit proof by affidavit under HRS §§ 580-42(a) and 580-5.
☐ Correct Judicial Circuit identified:

• First Circuit (Oahu)
• Second Circuit (Maui, Molokai, Lanai)
• Third Circuit (Hawaii Island / Big Island)

• Fifth Circuit (Kauai, Niihau)
  ☐ Filing fee ready (see Hawaii State Judiciary fee schedule; In Forma Pauperis available).
  ☐ Required forms identified:

• Complaint for Divorce (Form 3F-P-266 / 1F-P-301 by Circuit)

• Matrimonial Action Information (Form 1F-P-082)
• Affidavit of Plaintiff (and Defendant)
• Divorce Decree (proposed)
• If children: Asset & Debt Statement, Income & Expense Statement, Child Support Guidelines Worksheet
  ☐ Vital Statistics: Hawaii uses an integrated Decree that serves as the vital record.

Under HRS § 580-42(a), the Court may waive a hearing on an uncontested complaint and admit proof by affidavit; waiver is discretionary. If one party denies breakdown under oath, § 580-42(b) allows a further hearing not less than thirty nor more than sixty days later, or as soon afterward as the calendar permits, and permits a counseling suggestion.

Document 1 — Complaint for Divorce

IN THE FAMILY COURT OF THE [______] JUDICIAL CIRCUIT
STATE OF HAWAII

FC-D No.: [______]

COMPLAINT FOR DIVORCE

Plaintiff, [_______________________], for cause of action against Defendant, alleges:

1. Jurisdiction and Residency — HRS § 580-1.
Plaintiff is domiciled in the [_______] Judicial Circuit, State of Hawai‘i, when filing this Complaint, at: [______________________________________]. Date domicile began: [__/__/____].

2. Parties.

3. Marriage.
The parties were lawfully married on [__/__/____] in [City, County, State/Country].

4. Separation.
The parties separated on or about [__/__/____].

5. Grounds — HRS § 580-41(1).
The marriage is irretrievably broken. This packet's affidavits and proposed decree use this ground.

6. Reconciliation.
There is no reasonable likelihood that the marriage can be preserved, and further attempts at reconciliation would be impracticable.

7. Children.
☐ There are no minor children of the parties, and Plaintiff is not currently pregnant.
☐ There are the following minor children of the parties:

8. UCCJEA Information (if children).
Each party must give the information required by HRS § 583A-209 under oath in the party's first pleading or an attached affidavit, if reasonably ascertainable. Plaintiff supplies the following for each child; Defendant must supply that party's information in the first pleading or an attached affidavit. Follow § 583A-209(e) and any existing protective order before filing identifying information that could put a party or child at risk.

☐ Plaintiff has participated in another custody or visitation proceeding concerning a child (as party, witness, or otherwise). Court, case number, determination date: [________________]. ☐ None known.

☐ Plaintiff knows of a proceeding that could affect this case, including enforcement, domestic violence, protective order, termination of parental rights, or adoption. Court, case number, nature: [________________]. ☐ None known.

☐ A nonparty has physical custody or claims custody or visitation rights. Name and address: [________________]. ☐ None known.

Claimed basis for Hawaii custody jurisdiction, with supporting facts: [________________]. For each child, Hawaii ☐ is ☐ is not ☐ may be the home state under HRS § 583A-102; record any temporary absence or residence since birth for a child under six months: [________________].

9. Pregnancy.
☐ Neither party is pregnant.
☐ [_______________________] is currently pregnant; expected due date: [__/__/____].

10. Property and Debts (HRS § 580-47).
The parties have acquired marital property and incurred marital debts during the marriage. The parties have agreed to divide all property and debts equitably as set forth in the attached Divorce Decree and/or Property Division Statement.

11. Spousal Support (HRS § 580-47).
☐ Each party waives spousal support, past, present, and future.
☐ The parties have agreed to spousal support as set forth in the attached Divorce Decree.

12. Restoration of Former Name (HRS § 574-5).
☐ Plaintiff requests restoration of former or maiden name: [_______________________________].
☐ Not applicable.

13. Military Service.
☐ Neither party is on active duty in the U.S. Armed Forces.
☐ [Specify].

14. Prior or Pending Proceedings.
☐ None.
☐ [Specify].

WHEREFORE, Plaintiff prays:
(a) For a Decree Granting Absolute Divorce on the ground that the marriage is irretrievably broken;
(b) For approval of the parties' property and debt division as set forth in the attached Decree (and Parenting Plan, Child Support Order, if applicable);
(c) [If applicable] For an award of custody, time-sharing, and child support consistent with HRS Chapter 571 and the Hawaii Child Support Guidelines;
(d) For restoration of former name, if requested; and
(e) For such other relief as the Family Court deems just and equitable.

________________________________________
[PLAINTIFF NAME], Plaintiff Pro Se
[Address] | [Phone] | [Email]

VERIFICATION

STATE OF HAWAII )
[Island/Circuit] ) ss.

I, [PLAINTIFF NAME], being first duly sworn, depose and state that I am the Plaintiff in the above-entitled action; that I have read the foregoing Complaint for Divorce; and that the allegations therein are true and correct to the best of my knowledge.

________________________________________
[PLAINTIFF NAME]

Subscribed and sworn before me on [__/__/____].

________________________________________
Notary Public, State of Hawaii — My commission expires: [__/__/____]
Printed name of notary: [________________________________]
Official notary seal: [AFFIX SEAL]

Document 2 — Matrimonial Action Information (Form 1F-P-082 Reference)

Required fields:

Prior Marriages / Civil Unions:

Children (all children of either party, youngest to oldest):

Document 3 — Summons / Acceptance of Service / Appearance and Waiver

Appearance and Waiver of Defendant

I, [DEFENDANT NAME], acknowledge receipt of a true and correct copy of the Complaint for Divorce, Summons, and Matrimonial Action Information in the above-captioned matter on [__/__/____]. I hereby:

☐ Voluntarily appear and submit to the jurisdiction of the Family Court.
☐ Waive formal service of process under HFCR 4 and HFCR 5.
☐ Waive my right to file an Answer.
☐ Consent to entry of a Decree Granting Absolute Divorce on the terms set forth in the attached Decree.
☐ Affirm that I have read and approved the Decree.

________________________________________
[DEFENDANT NAME]
Date: [__/__/____]

Subscribed and sworn before me on [__/__/____].

________________________________________
Notary Public, State of Hawaii
Printed name of notary: [________________________________]
Official notary seal: [AFFIX SEAL]
My commission expires: [__/__/____]

Document 4 — Affidavit of Irretrievable Breakdown (HRS § 580-42)

AFFIDAVIT OF PLAINTIFF

I, [PLAINTIFF NAME], being first duly sworn, depose and state:

1. I am the Plaintiff in the above-captioned action.
2. My marriage to [DEFENDANT NAME] is irretrievably broken within the meaning of HRS § 580-41(1).
3. There is no reasonable likelihood that the marriage can be preserved, and counseling would be impracticable.
4. I respectfully request the Court enter a Decree Granting Absolute Divorce without a hearing pursuant to HRS § 580-42.

________________________________________
[PLAINTIFF NAME] — Date: [__/__/____]

Notarized.

AFFIDAVIT OF DEFENDANT

I, [DEFENDANT NAME], being first duly sworn, depose and state:

1. I am the Defendant in the above-captioned action.
2. I agree that the marriage is irretrievably broken under HRS § 580-41(1).
3. I consent to entry of the Decree without a hearing under HRS § 580-42.

________________________________________
[DEFENDANT NAME] — Date: [__/__/____]

Notarized.

Document 5 — Property Division Statement / Asset & Debt Statement

Real Property

The Party awarded real property shall execute an Apartment Deed / Quitclaim Deed within 30 days of the Decree.

Vehicles

Bank, Brokerage, and Retirement Accounts

QDRO required: ☐ Yes for [____________________] ☐ No.

Personal Property

Already divided to mutual satisfaction.

Marital Debts

Spousal Support

☐ Both Parties waive past, present, and future spousal support under HRS § 580-47.
☐ [Plaintiff / Defendant] shall pay $[_____] per month for [____] months commencing [__/__/____].

Signatures

________________________________________
[PLAINTIFF NAME] — Date: [__/__/____]

________________________________________
[DEFENDANT NAME] — Date: [__/__/____]

(Notarize both.)

Document 6 — Income and Expense Statement / Asset and Debt Statement (HFCR 96/97 Reference)

When children are involved, both parties must file:

☐ Income and Expense Statement (gross and net monthly income, payroll deductions, monthly expenses).
☐ Asset and Debt Statement (all assets and liabilities of either or both parties).
☐ Child Support Guidelines Worksheet under HRS § 576D-7.

These are filed under seal pursuant to HFCR 7.2(a).

Document 7 — Child Support Reference (if children involved)

Hawaii follows the Hawaii Child Support Guidelines under HRS § 576D-7 and the Hawaii Family Court Child Support Guidelines.

Inputs:
☐ Each parent's monthly gross income.
☐ Federal/state taxes, Social Security/Medicare, mandatory retirement.
☐ Standard of Living Adjustment (SOLA) — Hawaii-specific add-on.
☐ Cost of children's health insurance.
☐ Work-related childcare costs.
☐ Number of overnights with each parent (extensive time-sharing modifies calculation).

Use the official Hawaii Child Support Guidelines Worksheet (downloadable from courts.state.hi.us).

Document 8 — Parenting Plan (if children involved)

Proposed parenting-plan terms for court review (HRS § 571-46.5(c) lists subjects a detailed plan may include; in contested custody actions, subsection (a) requires the parties to file plans at the outset):

☐ Joint legal custody / sole legal custody.
☐ Physical custody and time-sharing schedule.
☐ Holiday and school break schedule.
☐ Decision-making for education, medical, religious upbringing.
☐ Communication between parents and child.
☐ Relocation provisions.
☐ Dispute resolution procedure.

Document 9 — Decree Granting Absolute Divorce

IN THE FAMILY COURT OF THE [______] JUDICIAL CIRCUIT
STATE OF HAWAII

FC-D No.: [______]

DECREE GRANTING ABSOLUTE DIVORCE

This cause having come before this Court upon the Complaint for Divorce, the Affidavit(s) of Irretrievable Breakdown, the Matrimonial Action Information, the Income and Expense Statement(s), the Asset and Debt Statement(s) (if applicable), the Child Support Guidelines Worksheet (if applicable), the Parenting Plan (if applicable), and the parties' agreement; the Court FINDS:

1. The Court has subject-matter and personal jurisdiction over the parties.
2. Plaintiff was domiciled in this Judicial Circuit when the Complaint was filed (HRS § 580-1(a)).
3. The marriage of the parties is irretrievably broken (HRS § 580-41(1)).
4. The Court has exercised its discretion to waive a hearing on this uncontested complaint and admitted proof by affidavit (HRS §§ 580-42(a), 580-5).
5. The parties' agreement on property, debts, and (if applicable) support and child-related issues is fair and equitable.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

(a) The bonds of matrimony between [PLAINTIFF NAME] and [DEFENDANT NAME] are dissolved, and an ABSOLUTE DIVORCE is granted on the ground that the marriage is irretrievably broken.

(b) Property Division. The parties' Property Division Statement is approved and incorporated by reference. Each party shall execute any deeds, transfer documents, or instruments necessary to effectuate the division within thirty (30) days.

(c) Debts. Marital debts are allocated as set forth in the Property Division Statement. Each party shall indemnify and hold the other harmless from debts assigned to that party.

(d) Spousal Support. [State waiver or specific support order.]

(e) Child Custody and Time-Sharing. [If applicable: Joint/sole legal custody and physical custody per attached Parenting Plan, incorporated by reference. Holiday schedule and time-sharing as detailed therein.]

(f) Child Support. [If applicable: $[_____] per month payable by [Party] beginning [__/__/____] in accordance with the Hawaii Child Support Guidelines. Income withholding shall apply.]

(g) Restoration of Former Name. [PLAINTIFF NAME] is restored to the former or maiden name of [_______________________], if requested under HRS § 574-5.

(h) Tax Treatment. The parties shall file [☐ joint / ☐ separate] returns for tax year [____].

(i) Insurance. Each party shall be responsible for his/her own health insurance from and after entry of this Decree.

(j) Retention of Jurisdiction. The Court retains continuing jurisdiction over the parties and the subject matter for enforcement and modification.

DATED: [Honolulu / Lihue / Wailuku / Hilo], Hawaii, [__/__/____]

________________________________________
JUDGE OF THE ABOVE-ENTITLED COURT

Approved as to Form and Content:

________________________________________
[PLAINTIFF NAME] — Date: [__/__/____]

________________________________________
[DEFENDANT NAME] — Date: [__/__/____]

Filing Procedure Checklist

☐ Step 1: Confirm Plaintiff's domicile in the filing circuit at commencement under HRS § 580-1(a), or separately establish an applicable subsection (b) exception.
☐ Step 2: Complete Complaint for Divorce, Matrimonial Action Information (1F-P-082), and Affidavit of Plaintiff.
☐ Step 3: File at the Family Court of the appropriate Judicial Circuit; pay filing fee or file In Forma Pauperis.
☐ Step 4: Serve Defendant by:

• Personal service through process server / Sheriff (HFCR 4), OR
• Appearance and Waiver signed by Defendant (preferred for uncontested), OR

• Service by publication if location unknown.
  ☐ Step 5: Obtain Defendant's Answer and/or Affidavit of Defendant affirming irretrievable breakdown.
  ☐ Step 6: File:

• Property Division Statement (signed by both parties)

• Asset & Debt Statement, Income & Expense Statement (if children)
• Child Support Guidelines Worksheet + Parenting Plan (if children)
• Both parties' Affidavits of Irretrievable Breakdown
• Proposed Decree Granting Absolute Divorce
  ☐ Step 7: Request the Family Court to exercise its discretion under HRS § 580-42(a) to waive a hearing on an uncontested complaint and admit exact legal proof by affidavit under § 580-5.
  ☐ Step 8: Typical processing time from filing to signed Decree: 30–90 days, depending on Circuit calendar.
  ☐ Step 9: Obtain certified copies. The Decree itself serves as the vital record in Hawaii.

Sources and References

• HRS § 580-1 — Ordinary divorce jurisdiction based on applicant's domicile in the filing circuit at commencement, subject to stated exceptions
• HRS § 580-2 — Commencement of action by Complaint
• HRS § 580-41(1) — Irretrievable breakdown as a divorce ground; § 580-21 instead concerns annulment
• HRS § 580-42(a) — Discretionary waiver of hearing on an uncontested divorce complaint; proof by affidavit
• HRS § 580-47 — Property division; equitable distribution; spousal support
• HRS § 571-46 — Child custody and best interests
• HRS § 576D-7 — Child support guidelines
• HRS § 574-5 — Restoration of former name
• Hawaii Family Court Rules (HFCR), particularly HFCR 4, 5, 7.2, and the financial disclosure rules
• Hawaii State Judiciary forms: https://www.courts.state.hi.us/self-help/courts/family-court/family-court-forms
• Complaint for Divorce (Form 3F-P-266); Matrimonial Action Information (Form 1F-P-082)

Disclaimer: Service members stationed in Hawaii under military orders are not prohibited from meeting the residency requirements (HRS § 580-1). Confirm Circuit-specific local rules (e.g., First Circuit Family Court self-represented procedures) before filing.