Rule 98.Judgments Approved as to Form and Content by the Parties in Uncontested Matrimonial Actions.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 98
Amendment History
The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.
Plain-English Summary
In an uncontested divorce that does not incorporate a separate agreement incident to divorce, the judgment must be approved as to form and content by both parties, and as to form, or form and content, by their attorneys if any. Both parties sign off on what the judgment says, not merely on how it is drafted.
Where the judgment does incorporate a separate agreement incident to divorce, the requirement relaxes. Then only the opposing attorney, or the opposing party if self-represented, need approve the judgment as to form or form and content.
The distinction makes sense once you see what an agreement incident to divorce is: the parties have already signed the document that sets the terms, so requiring both of them to sign the judgment that incorporates it would duplicate what they have done. Rule 58 governs the wider procedure for preparing and circulating a proposed judgment, and Rule 5.1 requires the preparing attorney to get a copy to an unrepresented opponent within 2 days of filing.
Frequently Asked Questions
Who must approve an uncontested Hawaii divorce judgment?
Both parties, as to form and content, and their attorneys if any, as to form or form and content, where no separate agreement incident to divorce is incorporated.
What changes if there is an agreement incident to divorce?
Only the opposing attorney, or the party if self-represented, need approve the judgment as to form or form and content.
Why the difference?
Where an agreement incident to divorce is incorporated, the parties have already signed the document setting the terms.
How is a proposed judgment circulated?
Under Rule 58, which gives the drafting party 10 days and sets a Notice of Submission and objection procedure where approval does not arrive.
Who sends a copy of the filed judgment?
Rule 5.1 requires the preparing attorney to mail or deliver a copy within 2 days to an unrepresented opposing party who is not a JEFS user.