Free Checklist - Hawaii

Document Checklist For Uncontested Divorce (with children)
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 u COMPLAINT FOR DIVORCE How Many Signed by Comments Original 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 3 copies this number on the other documents that you will file later. Original (Court Staple a copy behind each copy of the Complaint for Divorce before u SUMMONS TO ANSWER COMPLAINT + clerk will you take them to be filed. 3 copies sign) Original You u MATRIMONIAL ACTION INFORMATION + 1 copy Original (Court After the Court clerk fills in the case number, you must take it to the u NOTICE TO ATTEND KIDS FIRST II + clerk will Court Management Office on the 2nd floor. The office will assign a 2 copies sign) date for you and your spouse to attend the Kids First II program. If your spouse will not sign an Appearance and Waiver, you must properly serve the Complaint for Divorce , Summons to Answer Complaint and Notice to Attend Kids First II on your spouse and file one of the following:

u PROOF OF SERVICE
OR

Original + 2 copies

This document must be completed by the person who delivers the Complaint for Divorce, Summons to Answer Complaint, and Notice to Attend Kids First II to your spouse. It cannot be file-stamped by the Court clerk until the person who served the documents completes filling it out. You (signed before a notary public) If your spouse lives off-island, you can send the Complaint for Divorce, Summons to Answer Complaint, and Notice to Attend Kids First II 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 Office.

u MOTION FOR SERVICE BY MAIL AND
AFFIDAVIT; ORDER FOR SERVICE BY MAIL

Original + 2 copies

B. NEXT: Fill in the Case Number and file at the Legal Documents Branch:
NAME OF DOCUMENT u INCOME AND EXPENSE STATEMENT OF PLAINTIFF How Many Original + 3 copies Original + 3 copies Original + 3 copies Original + 3 copies Original + 3 copies Original + 3 copies Signed by You You (and Spouse if for Both Parties) Spouse Spouse You and Spouse Payor of child support Comments

u ASSET AND DEBT STATEMENT OF
PLAINTIFF (or BOTH PARTIES)

These documents must be dated 60 days current of the date you place your case on the calendar. You and your spouse may prepare and sign a joint Asset and Debt statement. If your spouse did not complete these forms, you must tell this to the Court in your Affidavit of Plaintiff, paragraph 10c Your spouse must sign this unless you are seeking a divorce by default. See page 11 of the Instructions for an explanation of the default process. Use this document only if you elect to have child support payments sent directly to the recipient and if the payor of child support can meet the required conditions. This document must be signed before a notary public.

u INCOME AND EXPENSE STATEMENT
OF DEFENDANT

u ASSET AND DEBT STATEMENT OF
DEFENDANT

u CHILD SUPPORT GUIDELINES
WORKSHEET

u SUPPLEMENTAL AFFIDAVIT RE
DIRECT PAYMENT OF CHILD SUPPORT (OPTIONAL)

printout of October 28, 1998; 12:25 PM

page 1

NAME OF DOCUMENT

u APPEARANCE AND WAIVER
OR

How Many Original + 3 copies Original + 3 copies

Signed by Spouse

Comments Your spouse must receive a file-stamped copy of the Complaint for Divorce, Summons to Answer Complaint, and Notice to Attend Kids First II, and sign a completed Divorce Decree before your spouse can sign this document. If the Complaint for Divorce, Summons to Answer Complaint, and Notice to Attend Kids First II , 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 filestamped. If you served the Motion for Service by Mail and Affidavit; Order for Service by Mail, Complaint for Divorce, Summons to Answer Complaint, and Notice to Attend Kids First II , on your spouse by mail, complete this document when you receive the return receipt.

u PROOF OF SERVICE

Process server

OR

u STATEMENT OF MAILING

Original + 3 copies

You

C. LAST: Fill in the Case Number and file at the Legal Documents section:
NAME OF DOCUMENT u AFFIDAVIT OF PLAINTIFF (FOR UNCONTESTED DIVORCE) How Many Original + 3 copies Signed by You (signed before a notary public) Comments 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. NAME OF DOCUMENT DIVORCE DECREE (With Children) u How Many Original + at least 5 copies 1 filestamped copy 1 filestamped copy 1 filestamped copy Signed by You and Spouse You Comments 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.

u AFFIDAVIT OF PLAINTIFF (FOR
UNCONTESTED DIVORCE)

u INCOME AND EXPENSE STATEMENT
OF PLAINTIFF

You These documents must be dated 60 days current of the date on which you place your case on the calendar

u ASSET AND DEBT STATEMENT OF
PLAINTIFF (or BOTH PARTIES)

u APPEARANCE AND WAIVER
OR

You (and Spouse if for Both Parties) Spouse

Use this if you are getting a divorce by agreement.

u PROOF OF SERVICE
OR

1 filestamped copy

Process server You

Use this or the Statement of Mailing if you are getting a divorce by default. Use this or the Proof of Service if you are getting a divorce by default. If available.

u STATEMENT OF MAILING u INCOME AND EXPENSE STATEMENT
OF DEFENDANT 1 filestamped copy 1 filestamped copy

Spouse

u ASSET AND DEBT STATEMENT OF
DEFENDANT

Spouse

If available.

printout of October 28, 1998; 12:25 PM

page 2

NAME OF DOCUMENT

u CHILD SUPPORT GUIDELINES
WORKSHEET

u ORDER FOR INCOME WITHHOLDING
OR

How Many 1 filestamped copy Original + 5 copies

Signed by You and Spouse (Judge will sign)

Comments Your spouse's signature is not required if you are seeking a divorce by default. See page 11 of the Instructions for an explanation of the default process. Unless certain conditions are met, child support payments must be paid through the Child Support Enforcement Agency by way of an Order for Income Withholding.

u SUPPLEMENTAL AFFIDAVIT RE:
DIRECT PAYMENT CHILD SUPPORT

u CERTIFICATE OF ABSOLUTE DIVORCE
OR ANNULMENT u Stamped envelope, addressed to yourself AND

1 filestamped copy Typed original 1

Payor of child support

In certain situations, child support payments can be made directly to the custodial parent. If so, use this affidavit. You must submit a typed original of this document, not a photocopy. The Court will use these envelopes to mail you and your spouse filestamped, certified copies of your Divorce Decree. Make sure you submit envelopes that are large enough and have enough postage for this purpose.

u Stamped envelope, addressed to
your spouse

1

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 working days after the review date, you must go to the Court Management Office and check the disposition calendar which will tell you if your divorce has been granted or not.

Child support payments checklist:
Do the following when you receive your file-stamped Divorce Decree from the Court. NAME OF DOCUMENT How Many 1 certified copy Signed by JUDGE Comments Even if child support payments will be made directly to the recipient, you must mail (certified mail, return receipt requested) a certified copy of your Divorce Decree to Child Support Enforcement Agency P.O. Box 1860 Honolulu HI 96805-1860.

u DIVORCE DECREE (With Children)

Unless certain conditions are met, child support payments must be paid through the Child Support Enforcement Agency (CSEA). If child support payments are through the CSEA, do the following when you receive your file-stamped Divorce Decree from the Court. NAME OF DOCUMENT How Many Signed by Comments 1 certified JUDGE Mail (certified mail, return receipt requested) to u ORDER FOR INCOME WITHHOLDING Child Support Enforcement Agency copy P.O. Box 1860 Honolulu HI 96805-1860.

u ORDER FOR INCOME WITHHOLDING

"

"

Mail (certified mail, return receipt requested) to the employer of the child support payor. Save the white Receipt for Certified Mail that the postal clerk gives you.

When you receive the green Domestic Return Receipt (signed by the employer) for the Order For Income Withholding , attach it and the white Receipt for Certified Mail to the Statement of Mailing. NAME OF DOCUMENT u STATEMENT OF MAILING; EXHIBITS 1 AND 2 How Many Original + 2 copies 1 filestamped copy Signed by You Comments First take the original and copies to the Legal Documents Branch to have it file-stamped.

u

Then mail one of the copies to: Child Support Enforcement Agency P.O. Box 1860 Honolulu HI 96805-1860

We highly recommend that you keep your decree and a copy of all documents you file, along with correspondence with the Child Support Enforcement Agency (including receipts, etc.) together in a safe place. These are important documents and should be treated as such.
printout of October 28, 1998; 12:25 PM

page 3