Uncontested Divorce in Hawaii

Divorce is essentially a very complicated process with a large amount of forms. It is a bit bothersome to realize that such an emotional issue is associated with a tiring routine. However, divorcing couples must make best use of this process and ensure that their future lives are enriched.

The divorcing partner who files the complaint for divorce is called as the Plaintiff. The other partner, who is supposed to provide a response, is called as the Defendant.

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 with written answer should approach the Court. 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 maximum 60 days prior to the date on which 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.

Additional documents to complete

  • Certificate of Absolute Divorce or Annulment: The Family Court – Court Management Office has the Department of Health that provides these forms. 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 full. 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 2 self-addressed and stamped envelopes. The next step would be to place the case on the court calendar.

Uncontested divorce in Hawaii without children

There are 5 steps to be performed in order to obtain the above mentioned divorce.

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 1 or more of the below mentioned documents are file-stamped, then it becomes an evidence that the Defendant was adequately served.

  • 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

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