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Hawaii Matrimonial Action Information regarding Uncontested Divorce With No Children

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Hawaii
Control #:
HI-KH-004-01
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PDF
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A01 Matrimonial Action Information regarding Uncontested 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.

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.

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.

A contested divorce can cause the divorce to enter into litigation because spouses will need to have decisions made for them by a judge. Since they are not able to decide on marital issues for their family, a judge will have to do so in court.

No. Even if your spouse refuses to sign any documents, the court can grant a divorce order. But you must prove your spouse was served according to the rules.

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Hawaii Matrimonial Action Information regarding Uncontested Divorce With No Children