An uncontested divorce can save you money in legal fees because you can avoid lengthy trials and expert witness fees. However, uncontested divorces have specific jurisdictional requirements.
In Hawaii, all you need is agreement among the spouses and a judge’s review. This is what you should know.
If you and your spouse have the capacity to negotiate your divorce parameters, you may qualify for an uncontested divorce. However, you will have to decide who gets what assets, who takes on what debts and how you will handle custody of any minor children you have.
If you cannot agree on your own, you and your spouse can seek the help of a mediator. These individuals act as intermediaries, guiding the negotiation process. Although mediation is not legally binding, your divorce contracts are.
After you and your spouse work out all the details, a judge will take over. This legal professional will evaluate your agreement in full. He or she will search the agreement for fairness. The judge will also look over any custody and child support arrangements, ensuring that they are in the best interests of your children.
You cannot file for divorce unless you live in Hawaii. You also need to have lived there for at least six months. You also need to live in the judicial circuit for at least three months. Then, you can receive a divorce as quickly as you can negotiate it. You do have to file and serve the divorce complaint on your spouse. Then, a judge will review and sign the decree.
If you can work with your spouse to create a fair agreement, an uncontested divorce is an option. Consider these parameters before filing for divorce in Hawaii.