What is a default divorce?

A default divorce is a type of divorce available in Hawaii. It’s a “no-fault” divorce, which means that the court doesn’t need to determine which spouse is at fault for the divorce. In a default divorce, the petitioning spouse simply has to prove that there has been an irreconcilable breakdown of the marriage. This means they need to show that the couple has not been able to make the marriage work and that they won’t be able to make it work in the future. The other spouse isn’t required to respond to the divorce petition, so this type of divorce is also referred to as an uncontested divorce. In Hawaii, if the other spouse doesn’t respond within 20 days after the divorce petition is filed, the court will enter a default judgment granting the divorce. If the court grants the default divorce, the court will enter a judgment that divides the couple’s assets and debts and decides any other issues that need to be decided, such as child custody, spousal support, or visitation. The default divorce process is often used when both spouses agree on the main terms of the divorce. It’s a relatively simple and efficient way to end a marriage without needing to go through a long and complicated court case.

Related FAQs

Does my spouse need to be served with divorce papers?
Do I need a lawyer to file for a divorce?
How can I protect assets in a divorce?
What is a temporary order?
What is a post-divorce modification of child support?
What is a divorce lawyer?
What are the benefits of mediation for divorce?
What is a marital settlement agreement?
Where do I file for divorce?
What is a post-divorce modification?

Related Blog Posts

How Divorce Law Impacts Your Finances: Key Facts & Tips - July 31, 2023
What You Need to Know About Divorce and Child Custody - August 7, 2023
Navigating Divorce Mediation: What to Expect - August 14, 2023
Understanding the Difference Between Divorce and Legal Separation - August 21, 2023
The Impact of Divorce on Alimony & Property Division - August 28, 2023