Legal Question in Family Law in Hawaii

Re: What I do next?

First, I do not practice in your state so everything I say is for Montana only.

Second, you should go to the county library and read the Hawaii code probably called Uniform Marriage and Divorce Act. That's your roadmap.

Third, call the legal services office in your county/city and see if they can help or at least refer you to someone who can give you some advice. You can also call the local and state bar associations to see if they can refer you to an attorney who is willing to give a consult and a little guidance. Also, when you call the legal services and bar offices, ask if there's a legal advice clinic that offers limited help to �pro se litigants.� That's you -- pro se means doing it on your own.

Now, to your specific questions, and remember my answers apply to Montana:

"I am filing an uncontested divorce . . ." In my state, one person can't file an uncontested divorce. It's only when the other person doesn't contest that it's uncontested. If your spouse truly doesn't want to contest, call the Clerk of the District Court and ask if they have what we call a "summary dissolution packet." That's designed for people just like you -- a simple procedure, no contest, no big assets, and hiring counsel would burn up what you do have. Both parties file as petitioners.

"The papers filed are: Complaint, Summons, Matrimonial Action, Appearance and Waiver, Income and Expense and Asset and Debt, Statement of Mailing,� Okay, it looks similar to the procedure in my state, but the forms are a little different. �Statement of mailing� sounds like my �certificate of service by mail.� However, in my state, I have to serve the other spouse in person, using a deputy or a process server. Maybe your rule is different but, if it is the same as mine, then you'll have to get spouse personally served. �Appearance and waiver� might be the same as my �consent to entry and waiver of notice,� where the other spouse acknowledges that he or she knows that you've filed a court case, other spouse consents to the court entering judgment in your favor, and waives the right to be notified of the court date to enter the judgment. If that's the case, your spouse will have to sign the form in front of a notary and return it to the court, or to you to file with the court. In my state, I do not file the Income/Expense Debt/Asset disclosure, I exchange those with the other party.

Keep copies of everything. When you think you have everything ready to file, that's a good time to have your consult so the attorney knows you don't expect him or her to do the work, just review and make sure it's been done properly.