Hawaii · Uncontested divorce · Updated Oct 2026

Uncontested divorce in Hawaii

For spouses in Hawaii who agree on everything: who can use the process for agreed cases, the residency rule, the waiting period, the official forms, the fee waiver, how your spouse can sign instead of being served and mediation.

In short

Agreed cases in Hawaii, according to the official sources: Uncontested divorce: if your spouse agrees or doesn't respond, the court may skip the hearing and accept proof by affidavit (Haw. Rev. Stat. 580-42(a)).

Who can file (residency)
No minimum time
Waiting period
No set waiting period
Filing fee
Check with your court

Who can use the process for agreed cases in Hawaii

Uncontested divorce: if your spouse agrees or doesn't respond, the court may skip the hearing and accept proof by affidavit (Haw. Rev. Stat. 580-42(a)).

Before you file in Hawaii

Who can file (residency)
You file in the family court of the circuit where you are domiciled (live with the intent to stay) when you file. Since a 2021 amendment, the statute sets no minimum length of time for divorce. Military members stationed in Hawaii can qualify. Same-sex couples married in Hawaii who can't divorce where they live may file here.
Waiting period
The law sets no fixed waiting period for a divorce on the ground that the marriage is irretrievably broken. If your spouse denies the marriage is broken, the judge can continue the case 30 to 60 days for further hearing.
Law
Haw. Rev. Stat. 580-1 (am. L 2021, c 69) · Haw. Rev. Stat. 580-42

Forms, fees and filing in Hawaii

Official forms
Divorce forms (Hawaii courts)
Court self-help
Divorce self-help (Hawaii courts)
If you can't afford the fee
Ask the family court to let you file without paying the fee (in forma pauperis). The form is available from the family court clerk or the Hawaii State Judiciary forms page.

If your spouse agrees to sign

Your spouse must be personally served with the complaint and summons, or can sign an Appearance and Waiver.

If you agree on only some issues

Family courts can refer contested custody and property issues to mediation. Ask your family court about local programs.

An uncontested divorce in Hawaii, step by step

  1. Check that you can file in Hawaii

    You file in the family court of the circuit where you are domiciled (live with the intent to stay) when you file.

  2. See if you qualify for the simpler process

    Uncontested divorce: if your spouse agrees or doesn't respond, the court may skip the hearing and accept proof by affidavit (Haw. Rev. Stat. 580-42(a)).

  3. Fill in the official forms

    Use the court's official divorce forms: Divorce forms (Hawaii courts)

  4. File, and pay the fee or ask for a waiver

    Can't afford it? Ask the family court to let you file without paying the fee (in forma pauperis).

  5. Have your spouse sign or be served

    Your spouse must be personally served with the complaint and summons, or can sign an Appearance and Waiver.

  6. Wait out the waiting period

    The law sets no fixed waiting period for a divorce on the ground that the marriage is irretrievably broken.

  7. Get the final decree

    The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it.

Questions about uncontested divorce in Hawaii

Is there a simplified divorce for agreed cases in Hawaii?

Uncontested divorce: if your spouse agrees or doesn't respond, the court may skip the hearing and accept proof by affidavit (Haw. Rev. Stat. 580-42(a)).

How long does an uncontested divorce take in Hawaii?

The law sets no fixed waiting period for a divorce on the ground that the marriage is irretrievably broken. If your spouse denies the marriage is broken, the judge can continue the case 30 to 60 days for further hearing.

Who can file for an uncontested divorce in Hawaii?

You file in the family court of the circuit where you are domiciled (live with the intent to stay) when you file. Since a 2021 amendment, the statute sets no minimum length of time for divorce. Military members stationed in Hawaii can qualify. Same-sex couples married in Hawaii who can't divorce where they live may file here.

Does my spouse have to be served if we agree in Hawaii?

Your spouse must be personally served with the complaint and summons, or can sign an Appearance and Waiver.

Is mediation required in Hawaii?

Family courts can refer contested custody and property issues to mediation. Ask your family court about local programs.

More about divorce in Hawaii

Uncontested divorce in nearby states

Sources

Last checked: Oct 24, 2026.