Fillable Printable Complaint for Divorce Form - Hawaii

Complaint for Divorce Form - Hawaii

DAT E PLAINTIFF’S SIGNATURE

12/97 . COMPLAINT FOR DIVORCE 1F-P-163

CASE NUMBER

FC-D NO.

STATE OF HAWAI‘I

FAMILY COURT

FIRST CIRCUIT

COMPLAINT FOR DIVORCE

PLAINTIFF

(Your Full Name)

VS.

DEFENDANT

(Your Spouse’s Full Name)

This document is prepared by

❑ Plaintiff ❑ Attorney for Plaintiff

_________________________________________________

Name

_________________________________________________

Address

_________________________________________________

City, State, Zip

_________________________________________________

Phone

I, the Plaintiff, in support of this Complaint for Divorce, allege:

l. Jurisdiction:

I and/or my spouse, the Defendant, have lived or have been physically present in the State of Hawai‘i for a continuous period of at

least six (6) months and I have lived and/or been physically present on the Island of O‘ahu for a continuous period of at least three

(3) months immediately preceding this application.

2.Marriage:

The parties (plaintiff and spouse) are lawfully married to each other.

3.Children:

a. ❑ The parties have no children together.

b. ❑ The parties have____ (enter number) child(ren) under 18 together.

c. ❑ The parties have____ (enter number) child(ren) 18 or older together, who are dependent on them for support.

d. ❑ The parties have____ (enter number) child(ren) 18 or older together, who are not dependent on them for support.

e. ❑ Wife has ____ (enter number) child(ren) born during the marriage, not fathered by Husband.

f. ❑ Wife is pregnant.

4.Custody and Visitation:

a. Legal custody of the minor child(ren) should be awarded to:

❑ Me, Plaintiff ❑ My spouse, Defendant ❑ Both parties jointly

b. Physical custody of the minor child(ren) should be awarded to:

❑ Me, Plaintiff ❑ My spouse, Defendant ❑ Both parties jointly

c. The parent not awarded physical custody should have:

❑ Reasonable visitation ❑ Supervised visitation ❑ ________________

d. Child support should be awarded in accordance with the child support guidelines.

5.Division of Assets:

All assets my spouse and I own should be divided in a just and equitable way.

6.Division of Debts:

All debts my spouse and I owe should be divided in a just and equitable way.

7.Spousal Support (Alimony):

a. ❑ I am entitled to an order that my spouse pay spousal support (alimony) to me.

b. ❑ My spouse ❑ is ❑ is not entitled to an order that I pay spousal support (alimony) to him/her.

8.Grounds:

Pursuant to HRS Section 580-41, I allege that the grounds for divorce are as follows (check one only):

a. ❑ The marriage is irretrievably broken.

b. ❑ The parties have lived separate and apart for a period of two (2) or more years under a decree of separation from bed and board

or under a decree of separate maintenance.

c. ❑ The parties have lived separate and apart for a continuous period of two (2) or more years

immediately preceding the application, there is no reasonable likelihood that cohabitation

will be resumed, and it would not be harsh and oppressive to Defendant, or contrary to the

public interest, to grant a divorce on this ground on the complaint of Plaintiff.

It is requested of the Court:

That a decree be entered granting a divorce from the bonds of matrimony and granting the relief

requested above, all as alleged and as may be appropriate and in accordance with the evidence and the

law, and other relief as the Court deems proper in this case.

I declare, under penalty of perjury, that the statements made herein ar e true and correct to the

best of my knowledge, information and belief.

CASE NUMBER

FC-D NO.

STATE OF HAWAI‘I

FAMILY COURT

FIRST CIRCUIT

SUMMONS

TO ANSWER COMPLAINT

TO THE DEFENDANT

You are hereby summoned and required to serve a written answer to the attached Complaint within 20 days after service of

this Summons upon you, exclusive of the date of service.

Your written answer must be filed with the Chief Clerk of this Circuit at the following location or address.

Ka‘ahumanu Hale

777 Punchbowl Street

Honolulu, Hawai‘i 96813

A copy of your answer should also be served upon the Plaintiff’s attorney, or in the event Plaintiff is not represented by an

attorney, upon the Plaintiff at the address shown on the Complaint.

If you fail to file your written answer within the 20-day time limit, further action may be taken in this case, including

judgment for the relief demanded in the Complaint, without further notice to you.

THIS SUMMONS SHALL NOT BE PERSONALLY DELIVERED BETWEEN 10:00 P.M. AND 6:00 A.M. ON

PREMISES NOT OPEN TO THE PUBLIC, UNLESS A JUDGE OF THE DISTRICT OR CIRCUIT COURTS

PERMITS, IN WRITING ON THE SUMMONS, PERSONAL DELIVERY DURING THOSE HOURS.

FAILURE TO OBEY THE SUMMONS MAY RESULT IN AN ENTRY OF A DEFAULT AND DEFAULT

JUDGMENT AGAINST THE PERSON SUMMONED.

DATE CLERK OF COURT

FORM NO. 073921 12/97 SUMMONS TO ANSWER COMPLAINT 1F-P-064

PLAINTIFF

(Full Name)

VS.

DEFENDANT

(Spouse’s Full Name)

This document is prepared by

❑ Plaintiff ❑ Atty. for Plaintiff

_________________________________________________

Name

_________________________________________________

Address

_________________________________________________

City, State, Zip

_________________________________________________

Phone

In accordance with the Americans with Disabilities Act and other applicable state and federal laws, if you require a reasonable accommodation

f or a disability, please contact the ADA Coordinator at the Family Court Administr ation Office at PHONE NO . 539-4422, FAX 539-4402, or

TTY 539-4853, at least ten (10) working days prior to your hearing or appointment date .

STATE OF HAWAI‘I

FAMILY COURT

FIRST CIRCUIT

MATRIMONIAL ACTION

INFORMATION

CASE NUMBER

FC-D NO.

DATE FILED

PREPARED:

PLAINTIFF

DEFENDANT

ATTORNEY FOR PLAINTIFF

ATTORNEY FOR DEFENDANT

PLAINTIFF

DEFENDANT

NATURE OF CASE

DIVORCE SEPARATION ANNULMENT OTHER

ITEM WIFE HUSBAND

FULL NAME

BIRTH OR MAIDEN NAME

ADDRESS

STREET, APT. NO.

TOWN, STATE, ZIP

COUNTY

HOME WORK HOME WORK

PHONE

SOCIAL SECURITY NUMBER

DATE OF BIRTH

PLACE OF BIRTH (State or Country)

RACE

HIGHEST GRADE COMPLETED

HAWAII RESIDENT SINCE

CIRCUIT RESIDENT SINCE

PRIMARY EMPLOYER

(Name and Address)

JOB TITLE

WORK SCHEDULE

LENGTH OF SERVICE

Primary Secondary Welfare Primary Secondary Welfare

GROSS MONTHLY INCOME

(All Sources)

DATE COUNTY / STATE

DATE OF THIS MARRIAGE

DATE OF SEPARATION DATE COUNTY / STATE

NOT SEPARATED

Form No. 073105 R12/97 (Continue on back page) MATRIMONIAL ACTION INFORMATION 1F-P-082

MATRIMONIAL ACTION INFORMATION (Continued)

CASE NUMBER

FC-D NO.

FROM TO TERMINATED BY

STATE

MONTH/YEAR MONTH/YEAR DIVORCE ANNULMENT DEATH

WIFE’S PRIOR

MARRIAGES

HUSBAND’S PRIOR

MARRIAGES

CHILDREN:

ALL CHILDREN OF EITHER PARTY FROM YOUNGEST TO OLDEST

LEGAL PRESENT

CHILD’S FULL NAME M/F BIRTHDATE PARENT CUSTODY SCHOOL AND GRADE

(HUSBAND, WIFE OR OTHER)

INFORMATION REQUIRED FOR CUSTODY

CHILDREN’S PRESENT ADDRESS:

PLACES WHERE AND PERSONS WITH WHOM THE CHILDREN HAVE LIVED WITHIN THE LAST FIVE YEARS AND DATES

FROM TO

ADDRESS CARETAKERS

MONTH/YEAR MONTH/YEAR

WIFE IS IS NOT PREGNANT. EXPECTED DELIVERY DATE:

THE UNDERSIGNED SOLEMNLY AND SINCERELY DECLARES, UNDER PENALTY OF PERJURY, THAT THE STATEMENTS MADE HEREIN ARE

TRUE AND CORRECT TO THE BEST OF HIS/HER KNOWLEDGE, INFORMATION AND BELIEF.

DATE SIGNATURE

CASE NUMBER

FC-D NO.

STATE OF HAWAI‘I

FAMILY COURT

FIRST CIRCUIT

APPEARANCE AND WAIVER

I, the Defendant, acknowledge receipt of a filed copy of the Complaint and Summons in the above-entitled

action, submit myself to the Court’s jurisdiction, and have agreed with the Plaintiff on the matters set forth in

❑ a signed agreement incident to divorce.

❑ a form of Decree which I have approved by signature.

I consent to a hearing of the complaint by a judge at any time without further notice and without my presence

so long as the Decree issued incorporates the provisions I have approved. If such Decree is not entered by the

Court, I request to be notified.

I understand that I am not required to sign this paper and that by doing so I am permitting the Court without

opposition from me to proceed with the above-entitled matter at this time unless there is reason for the Court to

alter our agreement.

❑ I am not in the military service of the United States.

❑ I am in the military service of the United States, but I do not request a stay of proceedings herein, and I do

waive any rights I may have under the Soldiers’ and Sailors’ Civil Relief Act, 50 U.S.C. Sec. 521,

et. seq.

12/97 APPEARANCE AND WAIVER 1F-P-332

DATE DEFENDANT’S SIGNATURE

PLAINTIFF

(Full Name)

VS.

DEFENDANT

(Full Name)

This document is prepared by

❑ Plaintiff ❑ Defendant ❑ Atty. for Plaintiff ❑ Atty. for Defendant

_________________________________________________

Name

_________________________________________________

Address

_________________________________________________

City, State, Zip

_________________________________________________

Phone

STATE OF HAWAI‘I

FAMILY COURT

FIRST CIRCUIT

FORM NO. 073918(12/98) PROOF OF SERVICE

1F-P-140

CASE NUMBER

FC-DNO.

PROOF

SERVICE

PERSON(S) SERVED DATE TIME PLACE

DOCUMENTS SERVED

❑Complaint❑Summons❑Notice to Attend Kids First II

❑Motion and Affidavit for Pre-Decree Relief and Attachements

❑Motion and Affidavit for Post-Decree Relief and Attachments

❑___________________________________________

PLEASE EXPEDITE RETURN OF SERVICE TO FAMILY COURT

DATE POLICE OFFICER’S SIGNATURE BADGE ID NUMBER

DATE OTHER SERVING OFFICER’S SIGNATURE NAME OF SERVING OFFICER

❑UNSERVED DOCUMENTS: I certify that, despite due and diligent search, I was unable to

locate the person to be served, and therefore the attached documents are being returned as

unserved.

PLAINTIFF

(Full Name)

VS.

DEFENDANT

(Full Name)

I served a certified copy of each document identified below by delivering to the following person(s):

This document is prepared by

❑Plaintiff ❑Attorney for Plaintiff

_________________________________________________

Name

_________________________________________________

Address

_________________________________________________

City, State, Zip

_________________________________________________

Phone

CASE NUMBER

FC-D NO.

STATE OF HAWAI‘I

FAMILY COURT

FIRST CIRCUIT

STATEMENT OF MAILING

EXHIBITS “1” AND “2”

STATEMENT OF MAILING

I REPRESENT THAT I caused one certified copy each of the Complaint For Divorce; Summons to Answer

Complaint; and Motion for Service by Mail and Affidavit; Order for Service by Mail; and

_________________________________, to be mailed by certified or registered mail, return receipt requested,

restricted delivery to:

_________________________________________________________________________________

Defendant

At the time of mailing, the receipt attached hereto as Exhibit “1” was postmarked and dated. Thereafter, the

return receipt attached as Exhibit “2” was received.

4/98 STATEMENT OF MAILING/EXHIBITS “1” AND “2”

1F-P-3XX

DATE PLAINTIFF’S SIGNATURE

PLAINTIFF

(Full Name)

VS.

DEFENDANT

(Full Name)

This document is prepared by

❑ Plaintiff ❑ Atty. for Plaintiff

_________________________________________________

Name

_________________________________________________

Address

_________________________________________________

City, State, Zip

_________________________________________________

Phone

Defendant’s Name

Defendant’ s Address

City/State/Zip

EXHIBIT “1” EXHIBIT “2”

Occupation: _________________________________________________________________________________

Job title

Employer: __________________________________________________________________________________

Address: ___________________________________________________________________________________

Length of service: _____________ months/years.

Income Tax Withholding based on: ________ dependents.

INCOME

Gross income. Paid: monthly, 2 times per month, every 2 weeks, weekly or other ___________

Gross per pay period ...................................... $ ___________ Per month ............................... $ ____________

Payroll deductions per pay period:

Fed. income tax ....................................... $ ____________

State income tax ...................................... $ ____________

FICA (Social Security) ............................ $ ____________

Union dues .............................................. $ ____________

a) Net per pay period................... $ ___________ Per month ........ $ _____________

Other:

Retirement/401K ................................... $ ____________

Credit Union .......................................... $ ____________

Direct Deposit ....................................... $ ____________

Income Assignments.............................. $ ____________

Support Payments .................................. $ ____________

Medical Insurance ................................. $ ____________

b) Take home per pay period ....... $ ___________ Per month ........ $ _____________

Other regular monthly income, (rental income, 2nd job, interest, child support, welfare, food

stamps, and any other source.)

Gross monthly receipt ............................. $ ____________

Taxes paid IRS and State on above .......... $ ____________

c) Total other income net ............................... $ ____________

Total Monthly Income (Add per month income from lines a and c above)$ _____________

FORM NO. 073917 R12/97 INCOME & EXPENSE STATEMENT 1F-P-081

INCOME AND EXPENSE STATEMENT

❑ Plaintiff ❑ Defendant

CASE NUMBER

FC-D NO.

STATE OF HAWAI‘I

FAMILY COURT

FIRST CIRCUIT

PLAINTIFF

(Full Name)

VS.

DEFENDANT

(Full Name)

This document is prepared by

❑ Plaintiff ❑ Defendant ❑ Atty. for Plaintiff ❑ Atty. for Defendant

_________________________________________________

Name

_________________________________________________

Address

_________________________________________________

City, State, Zip

_________________________________________________

Phone

FORM NO. 073917 R12/97 INCOME & EXPENSE STATEMENT 1F-P-081

EXPENSES

Do not list expenses which are paid by payroll deduction.

Housing, expenses per month:

rent, mortgage, agreement of sale ................................ $ ____________

insurance if not included above.................................... $ ____________

Real Property taxes (if paid separately) ........................ $ ____________

Utilities, gas, water, elec., telephone etc. ...................... $ ____________

Transportation, expenses per month:

Car payment, lease, rental ............................................ $ ____________

Insurance on vehicle .................................................... $ ____________

Maintenance (repairs) .................................................. $ ____________

Operating (gas, oil & tires) .......................................... $ ____________

Total Housing and Transportation expenses ..................................................................................... $ ____________

Debt service (all monthly payments, eg. credit cards, charges, finance company, personal loans)...... $ ____________

Personal Expenses per month: Self Children No.( _ )

Food............................................................................... $ ____________ $ ____________

Clothing ......................................................................... $ ____________ $ ____________

Medical and Dental ........................................................ $ ____________ $ ____________

Laundry & Cleaning ....................................................... $ ____________ $ ____________

Personal articles ............................................................. $ ____________ $ ____________

Recreation (movies etc) .................................................. $ ____________ $ ____________

School (include food) ..................................................... $ ____________ $ ____________

Household ...................................................................... $ ____________ $ ____________

Bus (on monthly basis) ................................................... $ ____________ $ ____________

Other (_____________________) .................................. $ ____________ $ ____________

Payment to others for dependent care ......................................................... $ ____________

Sub Totals .......................................................... $ ____________ $ ____________

Total Personal expenses................................................................................$ ___________

Grand Total expenses: Housing, Trans., Debt & personal .......................................................... $ ____________

Savings, <Deficiency>: Income minus Expenses ....................................................................... $ ____________

Explain in detail where savings are invested, or if there is a <deficiency>, who provides the funds to maintain

the level of spending indicated in this income and expense statement. (Use separate sheet if more space is needed.)

__________________________________________________________________________________________

CERTIFICATION

I hereby declare under the penalty of perjury that I have supplied the information used in this Income and Expense

Statement and have reviewed this statement and I certify that the information is accurate, complete and correct.

DATE ❑ PLAINTIFF’S ❑ DEFEND ANT’S SIGNATURE

Form No. 073925 R12/97 ASSET AND DEBT STATEMENT 1F-P-063

1. Cash (on hand or held by others for me) $ ______________________________________

2. CREDIT UNION ACCOUNTS:

Name Title (H,W,J) Credit Balance Debt Balance

___________________________________________________________________________________________________________________

3. BANK AND SAVINGS ACCOUNTS: (Include T rustee Accounts)

Company & Branch Type of Account Title (H,W,J) Current Balance

___________________________________________________________________________________________________________________

4. SECURITIES: (Stocks, Bonds, Mutual Funds, Certificates of Deposit, etc.)

Company Title (H,W,J) Date of Acquisition Cost Market Value Debt Owed Against

___________________________________________________________________________________________________________________

ASSET AND DEBT STATEMENT

❑ Plaintiff ❑ Defendant ❑ Both P arties

CASE NUMBER

FC-D NO.

STATE OF HAWAI‘I

FAMILY COURT

FIRST CIRCUIT

PLAINTIFF

(Full Name)

VS.

DEFENDANT

(Full Name)

This document is prepared by

❑ Plaintiff ❑ Defendant ❑ Atty. for Plaintiff ❑ Atty. for Defendant

_________________________________________________

Name

_________________________________________________

Address

_________________________________________________

City, State, Zip

_________________________________________________

Phone