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Hawaii Matrimonial Action Information for Contested Divorce With No Children

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Hawaii
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HI-KH-001-01
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A01 Matrimonial Action Information for Contested Divorce With No Children
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FAQ

Your spouse cannot easily divorce you without your knowledge; the court will do all it can to make sure measures are taken to serve you with papers. If you refuse to respond to your spouse's divorce petition, it will delay the process, but not prevent divorce altogether.

Contested divorce When the spouses cannot agree on all the issues in a divorce. Contested divorces can take one or two years to finalize, depending on the situation.

The fact is that California is a no fault state and you do not need your spouse's signature in order to get a divorce.If your spouse fails to file and serve you with a response, you can file a request for default against your spouse after 30 days. You can also file a proposed judgment for the court to approve.

When a spouse refuses to sign divorce papers, the spouse seeking a divorce will need to obtain what is called a contested divorce. To file a contested divorce, the party who wishes to obtain the divorce must file a petition in the family court in their jurisdiction.

A contested divorce is accomplished by filing the divorce papers and then serving your spouse with them. Uncontested divorces are easier because both spouses agree on all the issues such as child custody, child support, division of marital assets, and alimony.

Waive Mandatory Waiting Period. In some states, couples may petition the court to have the waiting period waived. Act Early. Preparation is a key way to speeding up the divorce process. Cooperate. Cooperating with your spouse and also go a long way towards speeding up the process. Pursue Mediation.

An uncontested divorce will be finalized about three to eight weeks after all documents are submitted to the court. On the other end of the spectrum, a contested divorce, with or without custody issues, can easily take over a year.

Provided all the necessary papers are completed and filed in a timely manner, couples can get a divorce as quickly as eight weeks or as long as one year. Once all the necessary papers have been filed, the court assigns the plaintiff a review datethe date the judge reviews the paperwork and grants the divorce.

The fact is that California is a no fault state and you do not need your spouse's signature in order to get a divorce.If your spouse fails to file and serve you with a response, you can file a request for default against your spouse after 30 days. You can also file a proposed judgment for the court to approve.

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Hawaii Matrimonial Action Information for Contested Divorce With No Children