what can I do to get a divorce from Hawaii

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what can I do to get a divorce from Hawaii

I’m a service member currently stationed in Hawaii I filed in Texas it’s been the 62 day waiting period wife refuses to show up and I have always traveling due to my job in the army. What can I do to get the just get this done with without having to go all the way back to Texas everything is uncontested

Asked on April 25, 2019 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your question says "my wife refuses to show up".  If she has been served and her time to file an answer has passed, then you can go to the court and request the court to enter a default order granting you your divorce.  
If your wife has filed an answer, but just doesn't want to sign off on the paperwork, then you can ask the court to set the case for a final hearing.  Then, you will send her a letter to notify her of the court date.  If she fails to appear for that hearing, then you can request the court to enter a post-answer default order granting you a divorce.  
If she has answered and she has signed your proposed final decree of divorce....then you just need to get in front of the judge for your final prove-up.  However, it seems you have some logistical issues because you are stationed outside of Texas.  More and More courts in Texas are offering two options for these situations.  Option 1 is where you submit your proposed decree electronically, and then you put your 'prove-up testimony' on telephonically.  This is where you call in to the court, they swear you in over the phone, and then you testify that the marriage is over and that you and your wife have entered an agreement which is contained within the proposed decree.  Option 2 is where you submit your decree electronically....and then you submit a sworn affidavit to the court which contains the testimony listed above (as opposed to in person or over the phone).  Not all courts offer these options.  To know if your court will accept or reject one of these options, you need to call and talk to the court coordinator.
If you have trouble reaching the court coordinator or lining up one of these options, then you might want to hire an attorney for the limited purpose of assisting you to accomplish the prove-up.  Hiring an attorney for a limited purpose is cheaper than full representation.  Your local JAG may also be able to help make some phone calls.
Because you mention that you are in the service, I would also recommend that you have someone look over your decree (even your local JAG) before it's entered.  You want to make sure that you are awarded you all of your military benefits/retirement/policies...etc.  If the decree fails to award either party an interest in your retirement (for example), then it will be considered an undivided asset.  This means later...down the road...your wife could come back and ask the court to divide that asset and award her a 1/2 interest.  Nothing is more sickening that an ex- coming back into the picture and taking a good portion of what you worked for post-divorce.  Make sure this is resolved now to save you a huge headache in the future.
Thank you for your service and dedication!.  We wish you the best.


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