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Fillable Printable Divorce Decree with Minor or Dependent Children - Hawaii

Fillable Printable Divorce Decree with Minor or Dependent Children - Hawaii

Divorce Decree with Minor or Dependent Children - Hawaii

Divorce Decree with Minor or Dependent Children - Hawaii

STATE OF HAWAI‘I
DIVORCE DECREE
With Minor and/or Dependent Child(ren)
CASE NUMBER
FAMILY COURT FC-D No.
FIRST CIRCUIT
This document is prepared by:
~ Attorney for ~ Plaintiff ~Defendant
Name
(Full Name)
PLAINTIFF
Address
v.
City, State, Zip Code
(Full Name)
DEFENDANT
Telephone Numbers
Print Presiding Judge’s Name Date of Hearing/Review by Judge
A hearing was held before the Presiding Judge or an affidavit was submitted and the Court waived
hearing on this matter. After full consideration of the evidence, the Court finds the material allegations of
the Complaint for Divorce to be true. Plaintiff is entitled to a divorce from the bonds of matrimony. The
Court has jurisdiction to enter this Divorce Decree.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:
1. Decree
A decree of divorce is granted to ~Plaintiff~Defendant. The bonds of matrimony between Plaintiff
and Defendant are hereby dissolved. The parties are restored to the status of single persons. Either
party is permitted to marry after the effective date of this Divorce Decree.
2. Effective Date
This Divorce Decree is effective after it is signed and filed by the Court.
In accordance with the Americans with Disability 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 adarquest@courts.hawaii.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 12/20/13
PAGE 1 OF 11 PAGES
DIVORCE DECREE
RESET FORM
STATE OF HAWAI‘I
DIVORCE DECREE
With Minor and/or Dependent Child(ren)
CASE NUMBER
FAMILY COURT FC-D No.
FIRST CIRCUIT
3. Alimony
~
3A. Neither party shall be required to pay alimony to the other party.
~
3B. Beginning with a first payment on the day of
(Month/Year)
~
Plaintiff
~
Defendant shall pay
~
Plaintiff
~
Defendant alimony of $ per
month to be paid:
~
in one amount of $ by the day of each month.
~ in two equal installments of $ by the and days of each month.
Alimony shall continue for months and terminate with the payment due .
Alimony shall terminate upon the death of either Plaintiff or Defendant.
(Month/Day/Year)
Alimony
~
shall
~
shall not terminate upon the recipient’s remarriage.
4. Child(ren)
~ 4A. Plaintiff and Defendant have no child(ren) together.
~ 4B. Plaintiff and Defendant have (how many) child(ren) together who is/are under age 23 and
dependent on the parties.
Name (First, Middle, Last) Date of Birth
5. Custody
5A. Legal Custody of the above-named minor child(ren) is
~
Awarded to:
~
Plaintiff
~
Defendant
~
Plaintiff and Defendant jointly.
~
Reserved for a court of competent jurisdiction.
5B. Physical Custody of the above-named minor child(ren) is
~ Awarded to:
~
Plaintiff
~
Defendant with a detailed visitation/time schedule to
~
Plaintiff ~ Defendant
as described in paragraph 6.
~
Plaintiff and Defendant jointly with a detailed visitation/time schedule as described in
paragraph 6B.
~
Reserved for a court of competent jurisdiction.
FC Adm 12/20/13
PAGE 2 OF 11 PAGES
DIVORCE DECREE
STATE OF HAWAI‘I
DIVORCE DECREE
With Minor and/or Dependent Child(ren)
CASE NUMBER
FAMILY COURT FC-D No.
FIRST CIRCUIT
6. Visitation/Time Sharing Schedule
~
6A. The parties shall arrange reasonable visitation.
~ 6B. The visitation/time sharing schedule shall be as follows:
~
6C. Supervised visitation shall be as follows:
~
6D. There shall be no visitation until further order of the Family Court.
7.
:
Unless specified in paragraph 24 of this Decree, Plaintiff and Defendant shall keep each other
informed of his/her residence address and telephone number for so long as any child of the
parties is a minor and for so long thereafter as there is a child support order.
FC Adm 12/20/13
PAGE 3 OF 11 PAGES
DIVORCE DECREE
STATE OF HAWAI‘I
DIVORCE DECREE
With Minor and/or Dependent Child(ren)
CASE NUMBER
FAMILY COURT FC-D No.
FIRST CIRCUIT
8. Child Support
~
8A. No child support is ordered based on the following exceptional circumstance(s):
~
8B. Beginning with the first payment on the day of
(Month/Year)
~
Plaintiff
~
Defendant shall pay to
~
Plaintiff ~ Defendant for the support of the following
child(ren):
(names)
in the amount of $ per child, for a total of $ per month.
~
8C. Child Support is reserved for a court of competent jurisdiction.
:
8D. Payments of child support shall continue for each child until the child attains the age of 18 years,
or graduates from high school, or discontinues high school, whichever occurs last. Child support
shall further continue uninterrupted (including during regular school vacation periods) until the age
of 23 as long as the child continues his/her post-high school education on a full-time basis at an
accredited college or university or in a vocation or trade school.
:
8E. The Child Support Enforcement Agency (CSEA) is made a party for the limited purpose of child
support.
9. Method of Child Support Payment (Check either 9a OR 9b.)
~
9A. All payments shall be made payable to and through the Child Support Enforcement Agency
(CSEA), P.O. Box 1860, Honolulu, Hawai‘i, 96805-1860, and pursuant to the Order/Notice to
Withhold Income for Support which shall be filed with this Divorce Decree.
~
9B. Direct Payment
~
Child support payments shall be paid by Plaintiff directly to Defendant.
~
Child support payments shall be paid by Defendant directly to Plaintiff.
:
In all direct payment cases, either Plaintiff or Defendant may void the direct payment
arrangement at any time and apply for services from the CSEA to receive payments through
the agency. If the child(ren) of the parties receive(s) public assistance from the Department
of Human Services (DHS), foster care payments, or Social Security or if either parent applies
to the CSEA, CSEA may immediately void a direct payment arrangement by sending notice
by regular mail to both parents at their last known addresses as set forth in this Divorce
Decree.
FC Adm 12/20/13
PAGE 4 OF 11 PAGES
DIVORCE DECREE
STATE OF HAWAI‘I
DIVORCE DECREE
With Minor and/or Dependent Child(ren)
CASE NUMBER
FAMILY COURT FC-D No.
FIRST CIRCUIT
10. Post High School Education Support
~ 10A. Plaintiff shall pay % and Defendant shall pay % of the educational expenses of
child(ren) for so long as the child(ren) is/are a full-time student(s) at an accredited college or
university or vocational or trade school and under the age of 23.
~ 10B. For payment if expenses related to the child(ren) attending private school, see paragraph 24.
:
10C. For these purposes, educational expenses shall be defined to include tuition, fees, and the
necessary books and other course materials.
~ 10D. Reserved for future court determination.
11. Child Health Care: For so long as Plaintiff or Defendant has an obligation to pay child support
and/or educational support:
11A.
~
Plaintiff
~
Defendant shall maintain medical and dental insurance for the benefit of the
child(ren).
11B. ~
Plaintiff
~
Defendant shall pay the medical and dental expenses of the child(ren) not paid
by insurance up to $ per calendar year. Any additional medical and dental
expenses not covered by insurance shall be paid % by Plaintiff and % by
Defendant.
12. Life Insurance for the Benefit of Child(ren)
~
12A.
~
Plaintiff
~
Defendant shall maintain life insurance on his/her life with a minimum death
benefit of $ for the benefit of the child(ren) so long as there is a child
support and/or educational support obligation.
~
12B. If Plaintiff or Defendant dies without the required insurance, Plaintiff’s or Defendant’s estate
shall be liable to the child(ren) to the extent that the required insurance was not maintained.
Such obligation on the part of Plaintiff’s or Defendant’s estate shall be accorded the highest
possible priority.
13, All provisions in paragraphs 3, 5, 6, 7, 8, 9, 10, 11, and 12 are subject to f urther order of the court.
14. Bank Savings, Checking, Credit Union Accounts and Securities (Stocks, Bonds, Mutual Funds, etc.)
~ 14A. There are none.
~ 14B. Each is awarded those titled in their name alone.
(Continues on next page.)
FC Adm 12/20/13
PAGE 5 OF 11 PAGES
DIVORCE DECREE
STATE OF HAWAI‘I
DIVORCE DECREE
With Minor and/or Dependent Child(ren)
CASE NUMBER
FAMILY COURT FC-D No.
FIRST CIRCUIT
14. Bank Savings, Checking, Credit Union Accounts and Securities (continued)
~
14C. Plaintiff is awarded:
~
14D. Defendant is awarded:
15. Vehicles (Autos, Trucks, Motorcycles, Trailers, Campers, Boats, etc.)
~
15A. There are none.
~
15B. Each party is awarded the vehicles titled in their name alone.
~
15C. Plaintiff is awarded:
~
15D. Defendant is awarded:
~
15E. Necessary transfer documents shall be signed no later than ten (10) days following the filing
of this Divorce Decree. If either party fails to do so, the Director of Finance of the City and
County of Honolulu is authorized and directed to transfer the ownership of the vehicle(s) if
requested to do so.
FC Adm 12/20/13
PAGE 6 OF 11 PAGES
DIVORCE DECREE
STATE OF HAWAI‘I
DIVORCE DECREE
With Minor and/or Dependent Child(ren)
CASE NUMBER
FAMILY COURT FC-D No.
FIRST CIRCUIT
16. Real Property
~
16A. Neither party owns any interest of any kind in any real property.
~
16B. The real property shall be divided as follows:
17. Life Insurance
~
17A. There are none.
~
17B. Each party is awarded the life insurance policy/policies now held on his/her life, together with
any cash value therein and subject to any debt thereon.
~
17C. The life insurance shall be divided as follows:
18. Retirement Accounts/Benefits:
~
18A. There are none.
~
18B. Each party shall keep their own.
~
18C. The retirement accounts/benefits of the parties shall be divided as follows:
FC Adm 12/20/13
PAGE 7 OF 11 PAGES
DIVORCE DECREE
STATE OF HAWAI‘I
DIVORCE DECREE
With Minor and/or Dependent Child(ren)
CASE NUMBER
FAMILY COURT FC-D No.
FIRST CIRCUIT
19. All Other Assets (Personal Belongings, Furniture, Household Effects, Art, Stamps, Coins, Tools, Equipment, Jewelry, Accounts
Receivable, Investment Assets, Business Assets, Cemetery Plots or Niches, Tax Refunds Due, etc.)
~
19A. There are no other assets.
~
19B. Each party is awarded the personal belongings and the household effects in his/her
possession.
~
19C. Plaintiff is awarded:
~
19C. Defendant is awarded:
20. All Outstanding Debts
~
20A. There are no joint debts
~
20B. Each party shall pay all of the credit card and other debt, if any, now in his/her name alone.
(Continues on next page.)
FC Adm 12/20/13
PAGE 8 OF 11 PAGES
DIVORCE DECREE
STATE OF HAWAI‘I
DIVORCE DECREE
With Minor and/or Dependent Child(ren)
CASE NUMBER
FAMILY COURT FC-D No.
FIRST CIRCUIT
20. All Outstanding Debts (continued)
~
20C. Plaintiff shall pay:
~
20D. Defendant shall pay:
21. Name Change
~
21A. Plaintiff shall resume the use of his/her
~
middle and last name used prior to the marriage [HRS § 574-5(2)(B)]
~
middle and last name used prior to the civil union [HRS § 574-5(2)(B)]
and shall be known hereafter as: (First, Middle, and Last Name)
FC Adm 12/20/13
PAGE 9 OF 11 PAGES
DIVORCE DECREE
STATE OF HAWAI‘I
DIVORCE DECREE
With Minor and/or Dependent Child(ren)
CASE NUMBER
FAMILY COURT FC-D No.
FIRST CIRCUIT
21. Name Change (continued)
~
21B. Defendant shall resume the use of his/her
~
middle and last name used prior to the marriage [HRS § 574-5(2)(B)]
~
middle and last name used prior to the civil union [HRS § 574-5(2)(B)]
and shall be known hereafter as: (First, Middle, and Last Name)
22.
~
There is a supplemental order filed concurrently with this Divorce Decree.
23.
~
Other:
FC Adm 12/20/13
PAGE 10 OF 11 PAGES
DIVORCE DECREE
STATE OF HAWAI‘I
DIVORCE DECREE
With Minor and/or Dependent Child(ren)
CASE NUMBER
FAMILY COURT FC-D No.
FIRST CIRCUIT
24.
~
Failure of Party to Perform: If either party fails to execute any document in compliance with
this Decree, the other party may submit a motion to the Court, requesting that the Court appoint
the Chief Clerk of the Court to execute said document on behalf of the non-compliant party.
Said motion may be done without further notice to the non-compliant party. Such execution
by the Chief Clerk shall have the same effect as if executed by the non-compliant party.
Date Judge’s Signature
Kapolei, Hawai‘i
Print Judge’s Name:
APPROVED AS TO FORM AND CONTENT:
X X
Signature of Plaintiff Signature of Defendant
Date Plaintiff Signed Decree: Date Defendant Signed Decree:
Social Security No.: XXX-XX- Social Security No.: XXX-XX-
Address: Address:
Employer’s Name and Address: Employer’s Name and Address:
APPROVED AS TO FORM:
X X
Signature of Attorney for Plaintiff Signature of Attorney for Defendant
Print Attorney’s Name: Print Attorney’s Name:
FC Adm 12/20/13
PAGE 11 OF 11 PAGES
DIVORCE DECREE
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