Hawaii Marital Settlement (Divorce) Agreement Form [PDF]

The Hawaii marital settlement agreement form is a legal document for married couples who want to have the authority to decide how their property will be divided after marriage and to make decisions concerning their divorce.

To reach an agreement that is acceptable to both parties, couples must be prepared to negotiate the terms. Child custody, alimony, and the division of marital property are the main aspects that this agreement must address.

It is important to note that settlement agreements will be considered or included in divorce decrees, which will, therefore, shorten the divorce process.

Divorce Forms

The divorce forms should be filed with the Family Court, and the filing fee starts at $200. The waiting period is 30 to 90 days.

Divorce Laws and Legal Requirements in Hawaii

The divorce laws and legal requirements in Hawaii describe the procedures, qualifying requirements, and all other elements that the court takes into account while awarding a divorce, such as:

How to File For a Divorce in Hawaii in 8 Steps

Depending on where the case should be filed and whether the couple has any young children, different paperwork will be required to petition for divorce in Hawaii.

#1. Fill out the Divorce Forms

A spouse who wants to start the divorce process should first gather the necessary forms. Key divorce forms are the same throughout the whole state, and they include:

• The Divorce Complaint—Document needed to inform the court that divorce is the only solution in order for spouses to move on with their lives. Includes information on spouses, their marriage, children, and divorce terms.

• Summons—Document needed to inform the defendant of the divorce process.

• Matrimonial Action Information Sheet—Document that provides information on spouses and marriage.

#2. Fill out Additional Court Forms

Depending on the circumstances, additional forms may be required by the court. Counties will require different forms concerning children or financial disclosure. Here are some documents that the court may require:

• Income and Expense Statement

• Asset and Debt Statement

• Kids First Program Information Sheet

• Parenting Plan

Photocopies of each form should be made and prepared to be filed with the court. The spouse should contact their local court clerk’s office to make sure they have the documents they need.

#3. Draft the Separation Agreement

A divorce settlement agreement covers agreements both parties make concerning matters that are crucial to the divorce process, like child custody, division of marital property, and alimony.

Using a marital settlement agreement template is convenient as it allows the parties to save time and money. The agreement will be included in the final judgment, which makes the whole process shorter and smoother.

#4. File for Divorce

Once all documents are gathered and checked for errors, they can be filed with the local family circuit court. There is also a filing fee to be paid, and if the petitioner is unable to pay it due to a poor financial situation, a request can be made to waive the fees.

This is done by filling out the Request to Proceed in Forma Pauperis and submitting it to the court clerk’s office. When all documents are filed, the clerk will give the petitioner a stamped copy of the divorce papers.

#5. Serve Divorce Documents

The petitioner now must serve the stamped divorce documents to the defendant. There are a few acceptable ways of doing that.

The first is to serve the papers in person by the petitioner, and the defendant, in this case, must sign the Appearance and Waiver in the presence of the notary public. This form, along with three copies, must be filed with the court.

Another way is to hire a private process server who will serve the divorce documents and return the “Proof of Service” to the petitioner. Finally, you can send the divorce documents by certified or registered mail with a return receipt requested.

#6. Wait for Response

The defendant has 20 days to respond to the divorce complaint. If the defendant does not dispute the divorce complaint, that means that they agree to the terms, and then spouses can proceed with the uncontested divorce process.

However, if the defendant disagrees with the divorce complaint, the spouses enter a contested divorce process, and the judge will have to make decisions concerning matters like child custody, alimony, or the division of assets.

#7. Wait for Divorce Judgement

A judge will assess the case and decide whether to grant a divorce once the required divorce papers have been submitted to the court. If everything is in order, the judge will sign the divorce decree and terminate the marriage.

Each spouse will receive a stamped copy of the divorce decree and an “Order/Notice to Withhold Income for Support,” if needed, by mail. Either party may be able to appeal the judgment, depending on the situation, if they do not agree with the court’s ruling.

#8. Change Your Name

In the divorce petition, a party seeking a divorce could ask to have their name changed. Should the request be granted, it will be incorporated into the divorce decree. The spouse must obtain a copy of the divorce decree if they want to legally change their name.

The spouse is required to update all of their personal documentation, such as their passport, ID card, and driver’s license. Notifying employers of a name change and updating the information on invoices and contracts are also important steps.

Finally, the spouse should inform family and friends of the name change and new marital status.