Fillable Printable Complaint for Divorce - Hawaii

Complaint for Divorce - Hawaii

STATE OF HAWAI‘I

CASE NUMBER

FAMILY COURT

COMPLAINT FOR DIVORCE

FIRST CIRCUIT FC-D No.

This document is prepared by: ~ Attorney for ~ Plaintiff

Name

(Your Full Name)

PLAINTIFF

Address

City, State, Zip Code

(Your Spouse’s Full Name)

DEFENDANT

Telephone Numbers

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

1. Jurisdiction

I and/or my spouse, the Defendant, have lived or 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.

My resident state does not recognize same sex marriage.

2. Marriage: The parties (Plaintiff and Defendant) are lawfully married to each other.

3. Child(ren):

The parties have no child(ren) together.

The parties have (how many) child(ren) under age 18 together.

The parties have (how many) child(ren) age 18 or older together, who are dependent on

them for support.

The parties have (how many) child(ren) age 18 or older together, who are not dependent on

them for support.

Plaintiff has (how many) child(ren) born during the marriage

for whom Defendant is not the biological parent.

Defendant has (how many) child(ren) born during the marriage

for whom Plaintiff is not the biological parent.

Plaintiff is pregnant

and Defendant is not the biological

parent.

Defendant is pregnant

and Plaintiff is not the biological

parent.

In accordance with the Americans with Disabilities Act, as amended, and other

applicable state and federal laws, if you require accommodation for a disability,

please contact the ADA Coordinator at the First Circuit Family Court office by

telephone at 954-8200, fax 954-8308, or via email at [email protected]i.gov

at least ten (10) working days prior to your hearing or appointment date.

COURT USE ONLY

Please call the Family Court Service Center at 954-8290 if you have any questions about forms or procedures.

FC Adm 3/10/14

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COMPLAINT FOR DIVORCE

RESET FORM

STATE OF HAWAI‘I

CASE NUMBER

FAMILY COURT

COMPLAINT FOR DIVORCE

FIRST CIRCUIT FC-D No.

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

Child Support should be awarded in accordance to the Child Support Guidelines.

5. Division of Assets: All assets the Defendant and I own should be divided in a just and equitable way.

6. Division of Debts: All debts the Defendant and I owe should be divided in a just and equitable way.

7. Spousal Support (Alimony):

I am entitled to an order that the Defendant pay spousal support (alimony) to me.

The Defendant

~is ~

is not entitled to an order that I pay spousal support (alimony) to him/

her.

8. Grounds: Pursuant to HRS sections 572B-9 and 11 and 580-41, I allege that the following grounds

for divorce are as follows (check one only)

The marriage is irretrievably broken.

The parties have lived separate and apart under a decree of separation from bed and board,

entered by a court of competent jurisdiction, the term of separation has expired, and no

reconciliation has been effected.

The parties have lived separate and apart for a period of two years or more under a decree of

separate maintenance entered by a court of competent jurisdiction and no reconciliation has

been effected.

The parties have lived separate and apart for a continuous period of two years or more

immediately proceeding the application, there is no reasonable likelihood that cohabitation will

be resumed, and in the particular circumstances of the case, it would not be harsh and

oppressive to the Defendant or contrary to public interest to grant a divorce on this ground on

the complaint of the 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 are true and correct to the best

of my knowledge, information, and belief.

DATE PLAINTIFF’S SIGNATURE

FC Adm 3/10/14

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COMPLAINT FOR DIVORCE