How to Proceed
To proceed, you or your attorney must fill out forms and file them with Family Court. Please refer to the instructions and checklist in the divorce self-help packet before filing for divorce. The divorce self-help packet may be obtained at Ho`okele, the Family Court Service Center, or may be downloaded.
If both parties to the marriage agree on all terms of the divorce, this is called an “uncontested divorce.” In an uncontested divorce, you do not have to appear in court if the judge approves your forms. It usually takes six to ten weeks after an Uncontested Divorce by Affidavit packet is submitted for judge’s review, for the divorce to be final. The divorce is effective after the Divorce Decree has been approved and signed by the judge and the Divorce Decree has been filed-stamped by the court. Some of the things that must be settled during divorce proceedings are:
- Who will have custody of the children? Who will have visitation?
- How will the property be divided?
- How will the debts be divided?
- Who will pay child support and how much?
Until the final Divorce Decree is entered, the judge can issue temporary orders regarding:
- Where and with whom the children will live.
- Who will pay the children’s expenses.
- Spousal or family support
- Who will pay marital debts?.