What is a default divorce?

A default divorce, also known as an uncontested divorce, is a type of divorce in which both parties do not oppose the proceedings. In Hawaii, the law grants couples the ability to seek a default divorce if they are in agreement about all aspects of the divorce, including division of assets and child custody. This type of divorce is much faster than a contested divorce, as it does not require a court hearing. In order to file for a default divorce in Hawaii, the parties must first submit written documents to the court that have been signed by both parties. These documents must include a property settlement agreement and a parenting plan if the couple has children. It must also include a financial affidavit from each spouse, in which each party discloses their income and assets. Once these documents have been signed and filed, the court will send a notice of default to both parties. This notice will list the proceedings of the divorce, and it will ask the parties to confirm that the information is accurate and that they are in agreement. Once the parties have confirmed their agreement, the court will issue a final decree of divorce. This decree will officially terminate the marriage. Default divorces are common in Hawaii because they are much simpler and faster than a contested divorce. However, it is important that both parties are in agreement on all aspects of the divorce before filing. Otherwise, they will have to file for a contested divorce, which can require a court hearing and be more costly.

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