An uncontested divorce can simplify the end of a marriage. It offers a less stressful path compared to a contested divorce. But does it mean you can avoid court altogether?
Understanding uncontested divorce
An uncontested divorce happens when both spouses agree on all key issues. These include:
- Child custody
- Parenting time
- Child support
- Spousal support
- Division of marital property
You can bypass a lengthy court process if both parties agree on these terms. This type of divorce is often quicker and less expensive.
When court appearances are necessary
In Hawaii, the process for an uncontested divorce can be straightforward. You may not need to appear in court if both parties agree on all terms. Instead, you or your attorney must fill out the necessary forms and file them with Family Court.
Once you submit the Uncontested Divorce by Affidavit packet, a judge typically takes six to ten weeks to review and finalize the divorce. The divorce becomes effective when the Divorce Decree is approved and signed by the judge and then file-stamped by the court.
The uncontested divorce process
The process of an uncontested divorce starts with drafting a settlement agreement. This document outlines all agreed terms between you and your spouse. After completing the agreement, you file divorce papers, such as a complaint. You must follow court procedures regarding service or waiver of service.
In many cases, the court will hold a hearing. The judge may ask questions to ensure both parties understand the terms. They will check that the agreement is fair and voluntarily signed. If everything checks out, the judge usually approves it.
Do you need legal help?
While you can handle an uncontested divorce without a lawyer, having one can be beneficial. Many courts offer standardized forms for those who choose to self-represent. Yet, a lawyer’s experience can help navigate complex issues, especially if children or substantial assets are involved.
Whether you need to go to court in an uncontested divorce depends on your state laws. Always consult the self-help packet or seek legal advice to ensure compliance with Hawaii’s specific procedures. Doing so ensures a smooth and fair divorce process.