Fillable Printable Instructions Uncontested Divorce Packet (No Children) - Hawaii

Instructions Uncontested Divorce Packet (No Children) - Hawaii

INSTRUCTIONS

UNCONTESTED DIVORCE PACKET WITHOUT CHILDREN

(For the Island of Oahu)

WHO CAN FILE

In order to file a divorce action in the State of Hawaii, you

must have been domiciled or physically present on the island for a

continuous period of at least 3 months prior to the filing of the

Complaint for Divorce and either you or your spouse must have been

domiciled or physically present in the State of Hawaii for a

continuous period of at least 6 months prior to the filing of the

Complaint for Divorce. The islands are divided into separate

circuits. You must meet the minimum residency requirements and

file your Complaint for Divorce in the correct circuit.

- First Circuit = Oahu

- Second Circuit = Maui, Lanai, and Molokai

- Third Circuit = Hawaii (Hilo and Kona Divisions)

- Fifth Circuit = Kauai

Contact the Family Court in your circuit to obtain documents

to file your divorce.

BEFORE YOU START

Read through this entire instruction packet before you start

to fill in the documents. This packet includes instructions,

information and forms needed to obtain an uncontested divorce. The

instructions tell you what documents need to be completed, in what

order the documents need to be file-stamped by the Court, and what

you need to do to place your divorce case on the Court Calendar.

The Uncontested Divorce (without children) Document Checklist con-

tains information on how many copies of each document you need to

submit and who signs the document. The checklist also helps you see

what documents you have completed and what documents you still have

to do.

Most uncontested divorces proceed by way of an affidavit with

the Judge reviewing the documents you submit. This means that

neither you nor your spouse needs to appear at a Court hearing if

your documents are properly completed and all the necessary steps

have been followed. Therefore it is very important that you

understand what documents are needed and what you must do before

the Court will grant your divorce. If the Court has any questions

or concerns, you and your spouse may be required to appear at a

hearing or submit more documents.

It is important for you to realize that a divorce takes time.

Most of you will not be able to complete all your divorce documents

in one day. Be sure to read each document thoroughly and make sure

you understand what the document says. Do not sign any document

you do not understand or you do not agree with.

IF YOU NEED ASSISTANCE

The clerks of the Court are not permitted to provide you with

legal advice or to assist you in the completion of the divorce

documents.

You are strongly urged to seek the assistance of an attorney.

Even if you feel that you cannot afford an attorney to represent

you throughout your divorce, you are urged to consult with an

attorney to discuss your legal rights and duties under the law.

You may refer to the Yellow Pages of the telephone book to

obtain names of attorneys or you may call the following organiza-

tion to help you:

- HAWAII STATE BAR ASSOCIATION

Lawyer Referral Service

Telephone: 537-9140

The following organizations offer assistance or self-help

clinics to persons who fall within certain income brackets:

- LEGAL AID SOCIETY OF HAWAII

Honolulu Office

Telephone: 536-4302

- AFFORDABLE LAWYERS

(A Project of the Legal Aid Society of Hawaii)

Telephone: 527-8027

- HAWAII LAWYERS CARE

Telephone: 528-7046

If there have been incidents of Domestic Abuse, you may want

to call the following organizations to obtain assistance:

- DOMESTIC VIOLENCE CLEARINGHOUSE AND LEGAL HOTLINE

Telephone: 531-3771

- STUDENTS AND ADVOCATES FOR VICTIMS OF DOMESTIC VIOLENCE (SAVD)

Telephone: 566-0661

If you and your spouse are in need of mediation services you

may refer to the Yellow Pages or you may call:

- NEIGHBORHOOD JUSTICE CENTER

Telephone: 521-6767

REFERENCE MATERIALS TO GUIDE YOU

The following materials located at the Supreme Court Law

Library, 417 South King Street, Honolulu, Hawaii (behind the King

Kamehameha Statue) may assist you:

-DIVORCE DOCUMENTS HANDBOOK (Pacific Law Institute-1996): Please

note that documents in this handbook may be outdated, but it

still provides information on how to fill out the basic

documents.

- HAWAII DIVORCE MANUAL, 5th Ed. (1996) and HAWAII DIVORCE

MANUAL, 1997 Supplement (Hawaii Institute of Continuing Legal

Education)

- HAWAII REVISED STATUTES

- HAWAII FAMILY COURT RULES

ON THE INTERNET

- JUDICIARY WEB PAGE (www.state.hi.us/jud)

FILING FEES (Cash or Money Order Only/Cashiers’ Check Payable to:

CHIEF CLERK, First Circuit)

Complaint for Divorce

Filing Fee: $100.00

Surcharge: $25.00

Additional Surcharge: $35.00 (if either you or your spouse

have any children from this or any

other relationship)

Motion: $-0-

FILE-STAMPING OF DOCUMENTS:

Refer to Uncontested Divorce (without children) Documents

Checklist for a summary of what documents are required and the

number of copies to be submitted with each original document.

Documents are file-stamped by the Court at the following location

and during the following times.

LEGAL DOCUMENTS SECTION

777 Punchbowl Street, First Floor

Honolulu, Hawaii

Hours: 8:00 a.m. to 4:15 p.m., Monday through Friday

PLACING YOUR CASE ON THE COURT CALENDAR:

Your case is ready to place on the Court Calendar when all the

necessary documents have been file-stamped, the Divorce Decree

signed and dated by you and your spouse, and the Certificate of

Absolute Divorce or Annulment completed. Refer to the Uncontested

Divorce (without children) Documents Checklist for a summary of

which documents are required.

Where:

Family Court-Court Management Office

777 Punchbowl Street, Second Floor

Screening Days and Times:

The clerks will screen your docu-

ments only during the following times: (NOTE: The clerk will

screen your documents to see if you have all the required

documents. The clerk will not check your documents for accu-

racy or legal content.)

Tuesdays and Thursdays: 9:00 a.m. to 11:00 a.m.

Wednesdays: 2:00 p.m. to 3:30 p.m.

What to Bring with You:

- One (1) file-stamped copy of each of the documents

- Original and at least two (2) copies of the Divorce

Decree

- Certificate of Absolute Divorce or Annulment

- Two (2) self-addressed stamped envelopes. The Court

will use these envelopes to mail you and your spouse

file-stamped, certified copies of your Divorce Decree.

Make sure you submit envelopes that are large enough and

have enough postage for this purpose.

AFTER THE JUDGE REVIEWS YOUR DOCUMENTS

If the Judge grants your divorce and signs your Divorce De-

cree, you should receive a file-stamped, certified copy of the

Divorce Decree in the mail within ten (10) working days after the

review date. If you do not receive your Divorce Decree, it is your

responsibility to check the disposition calendar located on the

front counter at the Court Management Office. The disposition of

your case cannot be given out over the telephone. If you cannot

come down to check whether your case was granted or not, anyone

else can check the disposition calendar for you.

If the disposition calendar says that your divorce was “GRANTED”

wait a reasonable time for the Divorce Decree in the mail. If your

divorce is denied or is not fully granted, you must comply with the

Judge’s instructions noted on the disposition calendar before your

divorce can be completed.

STEPS TO OBTAIN AN UNCONTESTED DIVORCE

(Without Children)

STEP 1: TO OPEN YOUR DIVORCE CASE (You are the

“PLAINTIFF”

if you are

the one filing the Complaint for Divorce and your spouse is the

“DEFENDANT.”

)

The following documents are required to open or start your

divorce case:

1. COMPLAINT FOR DIVORCE (“Complaint”)

2. SUMMONS TO ANSWER COMPLAINT (“Summons”)

3. MATRIMONIAL ACTION INFORMATION (“MAI”)

If your spouse does not live on Oahu, you must also submit the

following document if you will be serving your spouse by certified

or registered mail:

4. MOTION AND AFFIDAVIT FOR SERVICE BY MAIL; ORDER FOR SERVICE BY MAIL

(Note: Before filing this document must be brought to the

Court Management Office for approval).

Take the completed originals and copies of the above documents

along with required court filing fees to the Legal Documents Sec-

tion (777 Punchbowl Street, 1st Floor) to be filed-stamped by the

Court.

STEP 2: SERVICE OF THE COMPLAINT AND SUMMONS ON YOUR SPOUSE AND

FILING-STAMPING THE SERVICE DOCUMENT

“Service” means getting a file-stamped copy of the Complaint and

Summons to your spouse (the Defendant) in the correct way. You must

prove that your spouse was personally served with a file-stamped

copy of the Complaint and Summons before the Court can consider grant-

ing your divorce. (Note: If your spouse does not file a written

Answer to the Complaint for Divorce with the Court and does not

contact you in any way within 20 days after service of the Complaint

on your spouse, see the Uncontested Divorce by Default Section

below.)

Proof that your spouse was properly served can be shown by

file-stamping one or more of the following:

1. APPEARANCE AND W AIVER: If you and your spouse (the Defendant)

have agreed to and signed the Divorce Decree, your spouse must

sign an Appearance and Waiver. When signing the Appearance and

Waiver, your spouse says that he or she has received a file-

stamped copy of the Complaint and Summons and that he or she

consents to the Court granting the divorce without their

presence in Court. If your spouse (the Defendant) has signed

an Appearance and Waiver, no Pr oof of Service or Statement of Mailing needs to

be filed. (Note: The Appearance and Waiver cannot be signed and

dated before the Complaint is file-marked with the Court. If it

is signed and dated before the Complaint is filed the Court will

require you to obtain another Appearance and Waiver.)

2. PROOF OF SERVICE: If your spouse resides in the State of Hawaii,

the Complaint and Summons must be personally served on your spouse.

It cannot be mailed. The Complaint and Summons can be served by

the Sheriff’s Office (1111 Alakea Street, Second Floor, Hono-

lulu) or by any person who is over 18 years old other than

yourself. After service is complete, the person who served

the Complaint and Summons on your spouse must complete the Proof of

Service. Information regarding the date and time your spouse

was served and place at which your spouse was served must be

filled in. The person who served the Complaint and Summons must

also sign the Proof of Service. (Note: If after service of the

Complaint and Summons, you and your spouse have agreed to and

signed the Divor ce Decr ee, your spouse must also sign an Appearance

and Waiver.)

3. STATEMENT OF MAILING: If your spouse does not live on this

island, you may serve your spouse by certified or registered

mail. Complete the Motion and Affidavit for Service by Mail, Or der for Service by

Mail and obtain the Court’s approval before serving your spouse

by mail. The Receipt for Certified Mail and Domestic Return

Receipt or the Receipt for Registered Mail and Return Receipt

must be attached to the Statement of Mailing. The Return Receipt

must be signed by your spouse. (Note: If after service of the

Complaint, you and your spouse have agreed to and signed the

Divorce Decree, your spouse must also sign an Appear ance and Waiver.)

STEP 3: FILE STAMP ALL ADDITIONAL DOCUMENTS

1. INCOME AND EXPENSE STATEMENT OF PLAINTIFF (YOU): Must be signed

and dated by you not more than 60 days prior to the day you

place your case on the calendar.

2. ASSET AND DEBT STATEMENT OF PLAINTIFF (YOU): Must be signed and

dated by you not more than 60 days prior to the day you place

your case on the calendar.

3. INCOME AND EXPENSE STATEMENT OF DEFENDANT (YOUR SPOUSE): Must

be signed and dated by your spouse.

4. ASSET AND DEBT STATEMENT OF DEFENDANT (YOUR SPOUSE): Must be

signed and dated by your spouse.

5. AFFIDAVIT OF PLAINTIFF (FOR UNCONTESTED DIVORCE): All your docu-

ments, including the Divorce Decree must be completed before

this document can be filled in. Each section should be

completely filled in or the Court may not grant your divorce.

After completion, this document needs to be signed by you in

front of a notary public.

STEP 4: OTHER REQUIRED DOCUMENTS

1. DIVORCE DECREE: Fill in each section of the Divorce Decree

after you and your spouse have come to an agreement as to what

will be contained your in Divorce Decree. You and your spouse

must sign and date the last page of the Divorce Decree and

fill in your Social Security Numbers and addresses. This

document does not get file-stamped until after the Judge has

reviewed all of your documents and approved and signed the

Divorce Decree.

2. CERTIFICATE OF ABSOLUTE DIVORCE OR ANNULMENT: This Department

of Health form must be obtained at the Family Court-Court

Management Office. This form cannot be photocopied and it must

be typed. Each box, except, 14a, 14f, 14j, 15a, 15b and 15c

must be filled in. Also note that when filling in dates, the

month and year entered in full (for example: Date of Birth:

November 1, 1997).

3. TWO SELF-ADDRESSED, STAMPED ENVELOPES

STEP 5: PLACE YOUR CASE ON THE CALENDAR

See page 3 above.

UNCONTESTED DIVORCE BY DEFAULT

You can proceed by default if your spouse has not filed a

written answer or response with the Court and has not contacted you

within 20 days after service of the Complaint on him or her. The

following steps must be followed after the Proof of Service or the State-

ment of Mailing has been file-stamped by the Court:

STEP 1: ADDITIONAL DOCUMENTS YOU NEED TO COMPLETE AND FILE-STAMP

1. INCOME AND EXPENSE STATEMENT OF PLAINTIFF (YOU): Must be signed

and dated by you not more than 60 days prior to the day you

place your case on the calendar.

2. ASSET AND DEBT STATEMENT OF PLAINTIFF (YOU): Must be signed and

dated by you not more than 60 days prior to the day you place

you case on the calendar.

3. AFFIDAVIT OF PLAINTIFF (FOR UNCONTESTED DIVORCE): All your docu-

ments, including the Divorce Decree must be completed before

this document can be filled in. Each section should be

completed filled in or the Court may not grant your divorce.

After completion, this document needs to be signed by you in

front of a notary public.

STEP 2: COMPLETE ADDITIONAL DOCUMENTS TO COMPLETE

1. DIVORCE DECREE: Fill in each section of the Divorce Decree that

applies to what you want in your Divorce Decree. You must sign

and date the last page of the Divorce Decree and fill in your and

your spouse’s Social Security Numbers and addresses. This

document does not get file-stamped until after the Judge has

reviewed all of your documents and approved and signed the

Divorce Decree.

2. CERTIFICATE OF ABSOLUTE DIVORCE OR ANNULMENT: This Department

of Health form must be obtained at the Family Court-Court

Management Office. This form cannot be photocopied and it must

be typed. Each box, except, 14a, 14f, 14j, 15a, 15b and 15c

must be filled in. Also note that when filling in dates, the

month and year entered in full (for example: Date of Birth:

November 1, 1997).

3. TWO SELF-ADDRESSED, STAMPED ENVELOPES

STEP 3: PLACING YOUR CASE ON THE COURT CALENDAR

See page 3 above.

printout of December 3, 1997; 10:20 AM page 1

Uncontested Divorce (without children)

Document Checklist

This is just a checklist. For instruction on how to fill out and file the documents, please refer to the INSTRUCTIONS that

accompany this checklist. In this checklist, “You” are Plaintiff, and “Spouse” is Defendant.

A. FIRST: File these at the Legal Documents Branch of the Circuit Court:

Take these documents to the Legal Documents Branch of the First Circuit Court (777 Punchbowl Street, across from the Federal

Building), first floor. A Court clerk will file-stamp each document, keep the original for the Court’s file, and return the copies to you.

NAME OF DOCUMENT

How Many Signed by Comments

❑ COMPLAINT FOR DIVORCE

original +

3 copies

You Filing this at the Legal Documents section of the Court

starts the divorce process. The Court clerk will assign

a Case Number. Fill in this number on the other

documents that you will file later.

❑ SUMMONS TO ANSWER COMPLAINT

original +

3 copies

(Court

clerk will

sign)

Staple a copy behind each copy of the Complaint for

Divorce before you take them to be filed.

❑ MATRIMONIAL ACTION

INFORMATION

original +

1 copy

You

If your spouse will not sign an Appearance and Waiver, you must properly serve the Complaint for Divorce and Summons to

Answer Complaint on your spouse and file one of the following:

❑ PROOF OF SERVICE

original +

2 copies

This document must be completed by the person who

delivers the Complaint for Divorce and Summons to

Answer Complaint to your spouse. It cannot be file-

stamped by the Court clerk until the person who served

the documents completes filling it out.

❑ MOTION FOR SERVICE BY MAIL AND

AFFIDAVIT; ORDER FOR SERVICE BY

MAIL

original +

2 copies

You

(signed

before a

notary

public)

If your spouse lives off-island, you can send the

Complaint for Divorce and Summons to Answer

Complaint by certified, registered mail, return receipt

requested. This form asks the Court’s permission for

you to do so. You must sign this document before a

notary public, and submit it to the Court Management

Branch.

B. NEXT: Fill in the Case Number and file at the Legal Documents Branch:

NAME OF DOCUMENT

How Many Signed by Comments

❑ INCOME AND EXPENSE STATEMENT

OF PLAINTIFF

original +

3 copies

You

These documents must be dated 60 days current of the

❑ ASSET AND DEBT STATEMENT OF

PLAINTIFF

original +

3 copies

You date you place your case on the calendar

❑ INCOME AND EXPENSE STATEMENT

OF DEFENDANT

original +

3 copies

Spouse If your spouse did not complete these forms, you must

tell this to the Court in your Affidavit of Plaintiff,

❑ ASSET AND DEBT STATEMENT OF

DEFENDANT

original +

3 copies

Spouse paragraph 10c

❑ APPEARANCE AND WAIVER

original +

3 copies

Spouse Your spouse must receive a file-stamped copy of the

Complaint for Divorce and Summons to Answer

Complaint and sign a completed Divorce Decree

before your spouse can sign this document.

❑ PROOF OF SERVICE

original +

3 copies

Process

server

If the Complaint for Divorce and Summons to Answer

Complaint were delivered to your spouse by someone

(for instance, a sheriff), the person who delivered the

documents must fill this out and sign it before you can

have it file-stamped.

❑ STATEMENT OF MAILING

original +

3 copies

You If you served the Motion for Service by Mail and

Affidavit; Order for Service by Mail, Complaint for

Divorce and Summons to Answer Complaint on your

spouse by mail, complete this document when you

receive the return receipt.

printout of December 3, 1997; 2:52 PM page 2

C. LAST: Fill in the Case Number and file at the Legal Documents section:

NAME OF DOCUMENT

How Many Signed by Comments

❑ AFFIDAVIT OF PLAINTIFF (FOR

UNCONTESTED DIVORCE)

original +

3 copies

You

(signed

before a

notary

public)

This document is a sworn statement that you must sign

before a notary public. It requires that you provide

various information and dates. Do not complete this

document until the other documents have been

completed.

Take these documents upstairs to the Court Management Office:

The Court Management Office is located on the second floor. They will set the date on which a judge will review the documents. If the

judge grants your divorce, you will receive your Divorce Decree in the mail in the envelope you provide to them.

NAME OF DOCUMENT

How Many Signed by Comments

❑ DIVORCE DECREE (Without Children)

Original +

3 (or up to 5)

copies

You

and

Spouse

Your spouse’s signature is required if you are getting a

divorce by agreement (and your spouse has signed an

Appearance and Waiver). Your spouse’s signature is

not required if you are getting a divorce by default.

❑ AFFIDAVIT OF PLAINTIFF (FOR

UNCONTESTED DIVORCE)

1 file-

stamped

copy

You

❑ INCOME AND EXPENSE STATEMENT

OF PLAINTIFF

1 file-

stamped

copy

You

These documents must be dated 60 days current of the

❑ ASSET AND DEBT STATEMENT OF

PLAINTIFF

1 file-

stamped

copy

You date on which you place your case on the calendar

❑ APPEARANCE AND WAIVER

Spouse Use this if you are getting a divorce by agreement.

❑ PROOF OF SERVICE

1 file-

stamped

copy

Process

server

Use this or the Statement of Mailing if you are getting

a divorce by default.

❑ STATEMENT OF MAILING

You Use this or the Proof of Service if you are getting a

divorce by default.

❑ INCOME AND EXPENSE STATEMENT

OF DEFENDANT

1 file-

stamped

copy

Spouse If available

❑ ASSET AND DEBT STATEMENT OF

DEFENDANT

1 file-

stamped

copy

Spouse If available

❑ CERTIFICATE OF ABSOLUTE

DIVORCE OR ANNULMENT

Original This Department of Health form must be obtained from

the Family Court-Court Management Office.

❑

Stamped envelope, addressed to

yourself

AND

Stamped envelope, addressed to your

spouse

The Court will use these envelopes to mail you and

your spouse file-stamped, certified copies of your

Divorce Decree. Make sure you submit envelopes

that are large enough and have enough postage

for this purpose.

Your divorce becomes final when the judge signs and files the Divorce Decree. The Court will mail file-stamped copies to you and your

spouse in the stamped and addressed envelopes you provide. If you haven’t received the Divorce Decree back within 10 days of the review

date, you must go to the Court Management Office. They will tell you why the judge could not grant the divorce, and what you need to

do.

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.