Your guide to everything you need to know about uncontested divorce in the Aloha State.
If you’re getting a divorce in Hawaii, your first choice should be an uncontested divorce. While uncontested divorces don’t work for everyone, they’re less painful for everyone involved.
But what exactly is an uncontested divorce, how do you file for one, and what are the benefits? We’ll answer all those questions and more for you here.
An uncontested divorce is a divorce where both parties agree on the major terms of the divorce and don’t need a judge to decide for them. Both parties can agree on the terms on their own, or their lawyers can sit down and mediate to help hash out the terms of an uncontested divorce.
Uncontested divorces are far cheaper and far quicker than contested divorces. If both parties can agree on terms for an uncontested divorce it’s a better option than a contested divorce.
The benefits of an uncontested divorce in Hawaii include lower costs, a faster divorce process, and often happier parties on both sides.
Divorce can be a confusing and complicated process, and every time you turn to an agency for help they can leave you feeling more confused and lost than when you first went in.
We’ll give you a brief rundown of the filing process for an uncontested divorce in Hawaii here, but it’s a lot to go through and it’s not a simple process to file for an uncontested divorce on your own in Hawaii.
The exact forms you’ll need to file for an uncontested divorce vary depending on the Hawaiian state you live in, but you find all the forms for each state here. Since the forms are different for each state so you need to ensure you get the right ones.
Not only that, but there are dozens of forms to pick from, and the exact ones you’ll need to fill out and submit varies depending on your exact situation.
Technically all you need to do to file for an uncontested divorce in Hawaii is fill out the necessary forms from the state department and file them with the correct agency. But while that might sound simple there are multiple forms and multiple agencies, so sorting it all out on your own without the help of an attorney can be confusing and complicated.
After you submit all the correct paperwork for an uncontested divorce it will usually take between 4 and 10 weeks for the judge to approve and sign the paperwork. Once the court filed-stamps the decree the divorce will be final.
However, this is for after you submit all the correct paperwork. Even with a smooth and seamless process, it’s not uncommon for an uncontested divorce to take four to six months to become final. But since a contested divorce can take over a year, this is still the far faster divorce option!
If you’re looking at an uncontested divorce one of the first questions you will have is how much it will cost. While we’d love to give you a quick and clear answer, the truth is that the cost of an uncontested divorce in Hawaii varies quite a bit depending on different factors.
From the starting cost to the different factors that can cause it to fluctuate so much, we’ve gone over everything you need to know about the cost of an uncontested divorce for you here.
Uncontested divorces can commonly cost between $300 and $1,500, and it depends on a variety of factors. The overall process can also be confusing, so to ensure you do it right the first time you might want to spend a little more and hire a service to help you navigate everything.
Without the help of a professional attorney you can end up spending more without meaning to and you might need to repeat steps if you don’t do something right the first time.
There are a few different factors that will affect how much your divorce will cost. For starters, how much do you and your spouse agree on the terms? Even if things start as an uncontested divorce, without a guiding hand the entire process can get stressful and push you into a contested divorce.
Another factor that affects how much your divorce will cost is how many assets or how much debt there is to split up. More assets or debts require more work to divvy out, which can drive up the cost.
Moreover, if you have children this can play a big role in how much an uncontested divorce will cost. There are different divorce forms to fill out, and you’ll need to factor things in like child support and custody agreements.
Finally, another factor that can affect the final cost of an uncontested divorce is the legal representation you choose to go with. While a discount attorney might seem like the best way to keep this cost down, they’re not always the best deal in the long run.
If they don’t fill out the paperwork correctly the first time, they don’t fill out all the necessary forms, or if they make some other mistakes it can slow down the entire process and cost you more.
Uncontested divorces are the least expensive type of divorce in Hawaii, and the best way you can save money on an uncontested divorce is to keep it an uncontested divorce.
The best way to do this is to keep everything as stress-free and as simple as possible, and a qualified attorney like those at Honolulu Family Law are experts at just that.
The legal system can be confusing and complicated, which is why it’s perfectly normal to have a few questions along the way. We’ve highlighted some of the most common questions people have about uncontested divorces for you here.
Uncontested divorces are where the divorcing couple comes up with their own terms for the divorce instead of having a judge divide assets for them. These agreements can come about amicably between the two partners, or they can be after mediation between lawyers.
Uncontested divorces don’t mean the couple is splitting up amicably, but uncontested divorces are less painful than contested divorces.
Uncontested divorces can still be combative and that doesn’t mean they will turn into a contested divorce. However, if the two parties can’t agree on terms an uncontested divorce can evolve into a contested divorce.
While you don’t always need a lawyer for an uncontested divorce, we highly recommend getting one. Even if you already know how you’re going to split up all assets and debts, there are quite a few forms you’ll need to fill out and pay for, and it can all get overwhelming, confusing, and expensive.
You don’t know what you don’t know, and an experienced attorney can ensure you do everything right the first time, speeding up the process and saving you money.
If you’re ready to untie the knot and want an uncontested divorce, the team at Honolulu Family Law is here for you. Our expert team knows what forms you need to fill out and where you need to file them, and we can expertly mediate situations to help your uncontested divorce go off without a hitch!
Disclaimer: In accordance with the commentary to Rule 7.5 of the Hawaii Rules of Professional Conduct, we affirmatively state that Honolulu Family Law Office, LLC is not a public or charitable legal aid organization and not in any way associated with the State government of Hawaii or any governmental agencies, but is a private family law practice.