Uncontested Divorce in Hawaii

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Divorce is essentially a complicated and stressful process. It is a bit bothersome to realize that such an emotional issue is associated with a tiring routine. While going through this process, people tend to take hasty decisions that may ruin the rest of their lives. It is really not easy to deal with the negative emotions that a divorce brings. Married partners need to realize this and reduce the stress and tension of a divorce. One of the best possible ways to do this is to opt for an uncontested divorce. Many countries have laws for contested, uncontested and collaborative divorces. In the US, state laws are laid down to deal with divorce cases of each state. An uncontested divorce in Hawaii is beneficial for couples who are able to agree on their divorce issues mutually and thus want their divorce to be a private affair without the intervention of the court.

In Hawaii the divorcing partner who files the complaint for divorce is known as the Plaintiff. The other partner, who is supposed to provide a response, is called as the Defendant. Although a couple has to spend lesser time in an uncontested divorce as compared to a contested divorce, they have to follow certain procedures in order to obtain the divorce legally.

Here we bring for you some valuable information about how to go for an uncontested divorce in the state of Hawaii.

Uncontested divorce in Hawaii by default

After a Complaint is served on the Defendant, it is expected that within twenty days, the Defendant should file a response or approach the Court with a written answer. If the Defendant fails to do so, the Plaintiff can proceed by default after the Court provides a file-stamp on the Statement of Mailing or the Proof of Service.

Additional documents which must be completed and file-stamped

  • Affidavit of Plaintiff: Prior to filling this document, all other documents inclusive of the Divorce Decree must be completed. When this document is completely filled in, the Plaintiff has to sign it in the presence of a notary public

  • Asset and Debt Statement of Plaintiff: The Plaintiff must sign and date this document not more than 60 days from the date the case is placed on the calendar

  • Income and Expense Statement of Plaintiff: The point mentioned regarding the above document also applies to this document. This form provides all information about the plaintiff's liabilities and assets

Additional documents to complete

  • Certificate of Absolute Divorce or Annulment: The Family Court - Court Management Office provides these forms. These forms are available in the Department of Health. It is not possible to photocopy this form and hence it needs to be typed. Excluding the boxes named 14a, 14f, 14j, 15a, 15b and 15c, all the other boxes must be filled in. When the dates are being entered, the year and month must be written in the proper way. For example, May 7, 1974

  • Divorce Decree: The last page of this document is signed and dated by the Plaintiff, who also fills in the Social Security Numbers and addresses of the divorcing spouses. The Judge reviews all the other documents and approves and signs the Divorce Decree. Further, this document is file-stamped

Along with all the above documents, the Plaintiff must have two self-addressed and stamped envelopes. The next step would be to place the case on the court calendar.

Uncontested divorce without children

Married couples without children need to follow these 5 steps in order to obtain an uncontested divorce in Hawaii.

First Step: Opening the Divorce case

In order to start or open the divorce case, the below mentioned documents are needed-

  • Matrimonial Action Information (MAI)
  • Summons to answer complaint(Summons)
  • Complaint for divorce(Complaint)

Second Step: Service of the Summons and Complaint on the Defendant and filing and stamping of the service document

If one or more of the below mentioned documents are file-stamped it can prove as an evidence that the Defendant was adequately served with,

  • Appearance and Waiver
  • Proof of Service
  • Statement of Mailing

Third Step: File stamping the additional documents

The following documents are included in this category-

  • Affidavit of Plaintiff
  • Asset and Debt Statement of Defendant
  • Income and Expense Statement of Defendant
  • Asset and Debt Statement of Plaintiff
  • Income and Expense Statement of Plaintiff

Fourth Step: Other Essential documents

  • Certificate of Absolute Divorce or Annulment
  • Divorce Decree

Along with the above mentioned documents, the Plaintiff must have 2 self-addressed and stamped envelopes.

Fifth Step: The case is placed on the court calendar

To be clearer about these steps, you may consult an attorney who will provide additional information, if needed.

Through an uncontested divorce in Hawaii, many couples in this state can go for a simplified divorce devoid of any confusion and complexities. Divorcing couples must make the best use of this process and ensure that their future lives are enriched.

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