Filing Pro Se

Many individuals in Hawaii County may be considering filing for divorce pro se, or without the assistance of an attorney.  It's a reasonable option in some cases, but it is important to understand the process and available resources.  

To begin, ensure you have all the necessary forms. You can find these on the Hawaii Family Courts website. If you have children under 18, or enrolled full-time in college and under 23, select the "divorce with children" section. For those without dependent children, use the "divorce without children" forms.

Start by completing the complaint, summons, and Matrimonial Action Information form. Take these to the nearest courthouse for filing. You'll receive back file-stamped copies with your case number, which you'll need for all subsequent documents.  The case number will look like this: xFDV-xx-xxxxxxx and will be in the upper right hand corner.

Arrange for personal service on your spouse, unless they file an appearance and waiver. File a proof of service once this is done. Service triggers a 20-day period for your spouse to file an answer.

Prepare and file asset and debt, as well as income and expense statements. If there are dependent children involved, take a close look through all of the forms in the Divorce with Children section of the website, to see which ones you might need to complete. Make sure to include all the information required by each form, including the case number and the names of the parties. If you don't fill the forms out completely, it may delay the granting of a decree. Serve all documents on your spouse. After the first personal service, subsequent documents can be mailed, but file a certificate of service to show they were mailed. (Form available on the Family Courts website.)

Once both parties have filed necessary documents, you can file a proposed decree. If done correctly, the court can approve the divorce based on the filed documents, without the need for a court appearance.

While filing pro se can save on legal fees, consider the complexity of your case. Consulting with a family law attorney can help you understand your rights and options before proceeding.