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Hawaii Divorce Forms
This is a list of the most commonly filed divorce forms for the state of Hawaii. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in Hawaii, certain forms may or may not be required by the Hawaii courts.
Complaint for Divorce
The Complaint for Divorce establishes the history of marriage, identifies the parties and the number of their children, states the grounds, asks for a "just and equitable" distribution of assets and liabilities, requests terms and conditions of custody and visitation.
Summons to Answer Complaint
The Summons to Answer Complaint, singed by the clerk of the court, puts the Defendant on notice that he or she has 20 days to file an Answer or face a default judgment against him or her. A copy of the Summons is attached to the Complaint.
Matrimonial Action Information (MAI)
The Matrimonial Action Information (MAI) Form, signed by the Plaintiff, provides vital information about the spouses and the children.
Proof of Service
The Proof of Service form is completed by the person who delivers the Summons and Complaint to the Defendant. If the Defendant resides in Hawaii, the Complaint and Summons must be personally served on the Defendant. This may be done by sheriff or an adult over 18 except the Plaintiff. This person then completes a Proof of Service form and returns it to the Defendent, who files it with the case papers of the action.
Motion for Service by Mail and Affidavit and Order for Service by Mail
The Motion for Service by Mail and Affidavit must be filed when the Defendent resides elsewhere than the island where the action is filed. Off island residence means he or she may be served by registered or certified mail. The Motion and Affidavit for Service by Mail authenticates his or her residence, and the Order for Service by Mail permits the Plaintiff to serve him or her by Registered or Certified Mail, return receipt requested. The Motion and Affidavit for Service by Mail must be signed in the presence of a notary public and submitted to the Court Management Branch. The Receipt for Certified Mail and Domestic Return Receipt or the Receipt for Registered Mail and Return Receipt must be attached to a Statement of Mailing, which certifies that the Complaint and Summons were mailed.
Income and Expense Statement of Plaintiff and Asset and Debt Statement of Plaintiff
The Income and Expense Statement of Plaintiff and Asset and Debt Statement of Plaintiff profile the finances of the Plaintiff. Both are filed in the Legal Documents Branch if the Defendant fails to file an Answer in the 20 days after service of the Complaint and Summons. When this happens, the Plaintiff may file an Affidavit of Plaintiff (for an Uncontested Divorce), which asks the court to grant the divorce by default. Both statements must be dated 60 days current to the date the case is placed on the court calendar.
Income and Expense Statement of Defendant and Asset and Debt Statement of Defendant
The Income and Expense Statement of Defendant and Asset and Debt Statement of Defendant profile the finances of the Defendant. In an uncontested divorce, the Defendant files these statements, which must be dated 60 days current to the date the case is placed on the court calendar. When the action moves by default, these statements may be absent.
Appearance and Waiver Worksheet
The Appearance and Waiver, when signed by the Defendant, states that he or she has received a file-stamped copy of the Complaint and Summons. The Defendant must receive the Complaint and Summons and sign a completed Divorce Decree before he or she may sign the Appearance and Waiver. By signing the Appearance and Waiver and the Divorce Decree, which stipulates the terms and conditions of the divorce, the divorce then moves along a simplified route.
Proof of Service
The Proof of Service must be completed by the person who delivers the Summons to Answer Complaint and the Complaint for Divorce. This form must be completed before it can be file stamped. When the Defendant signs the Appearance and Waiver, no Proof of Service is required.
Statement of Mailing
The Statement of Mailing must be completed by the Plaintiff after he or she receives the return receipt attesting to the successful mail delivery of the Summons and Complaint. When the Defendant signs the Appearance and Waiver, no Proof of Service or Statement of Mailing is required.
Affidavit of Plaintiff (for Uncontested Divorce)
The Affidavit of Plaintiff, which must be notarized, asks the court to grant a default divorce because [m]ore than 20 days have passed since the service of the Complaint and Summons on the Defendant [and] no responsive pleading has been filed." The Affidavit of Plaintiff also requires information and dates relevant to the history of the marriage.
Divorce Decree (without Children) or Divorce Decree (with Children)
The Divorce Decree, which spells out the terms and conditions of the divorce, must be signed by both spouses in an uncontested divorce and the Defendant has signed an Appearance and Waiver. The Defendant's signature is not required in a default action.
Notice to Attend Kids First II
The Notice to Attend Kids First II must be filed by the Plaintiff in divorces involving children. This parenting class is for the parents and children between the ages of six and seventeen. A divorce may not be granted if the parties fail to attend this course and they are not excused by a judge.
Child Support Guidelines Worksheet
The Child Support Guidelines Worksheet, which is completed by both spouses, based on each spouse's gross income (before taxes and deductions).
Supplemental Affidavit Re: Direct Payment Child Support
The Supplemental Affidavit Re: Direct Payment Child Support, filed by the Plaintiff, is used when one spouse pays child support to the other directly and without the Child Support Enforcement Agency.
Order for Income Withholding
The Order for Income Withholding directs that child support be taken directly from the noncustodial parent's income.
Spousal support in a Hawaii divorce greatly influences how the marital property is distributed. The family court makes the decision to award alimony on a case-by-case basis, and they look at several factors to decide who requires the most financial support, including the financial resources of the parties, potential of the spouse seeking support to meet his or her financial needs on his or her own, the duration of the marriage, standard of living established during the marriage, and the probable duration of the needs of the party seeking support, just to name a few.
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