An uncontested divorce is one in which the parties are able to reach agreement on all terms, rather than presenting issues to the court for resolution. This can allow the parties to get a divorce without having to appear in court. Self-represented parties in Hawaiʻi have free resources available to them.
While the parties may be able to reach agreement without assistance, in many cases a mediator can help bridge the gaps. In either case, the parties then submit a proposed decree, which both parties and any attorneys representing either or both of them sign, and the plaintiff (the person who files the complaint) also submits an affidavit.
The case is initiated in the same manner as a contested divorce: one party files a complaint for divorce and serves the other party. Both parties file financial statements before a decree of divorce will issue, except that in the Affidavit of Plaintiff, the plaintiff may state that the defendant has not filed financial statements and explain why. If there are children, there are a number of other forms, dealing with custody and support, that must also be filed.
Once the court has all the required documents for review, it will either sign the proposed decree or continue the matter and let the parties know what additional information is necessary.