Document Checklist For Uncontested Divorce by Affidavit

(Without Minor and/or Dependent 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 the Plaintiff, and the
“Defendant” is your spouse.

A. FIRST: File these at the Legal Documents Branch

Take these documents to the Legal Documents Branch located on the first floor of the Ronald T.Y.
Moon Kapolei Courthouse at 4675 Kapolei Parkway or the first floor of Ka‘ahumanu Hale, 777
Punchbowl Street. A Court clerk will file-stamp each document, keep the original for the Court’s file and
a copy for their use, and return the remaining 2 copies to you. Applicable filing fees are due at this time.
HOW
NAME OF DOCUMENT MANY SIGNED BY COMMENTS

� COMPLAINT FOR Original + Complaint This document opens your divorce case. The
DIVORCE; AUTOMATIC 4 copies is signed Documents Clerk will assign a case number and file
RESTRAINING ORDER; by You stamp your documents.
AND SUMMONS TO
ANSWER COMPLAINT If the Automatic Restraining Order submitted is not
the Court form (available at Ho‘okele, the Family
Court Service Center or at the Judiciary’s website at
http://www.courts.state.hi.us/self-help/courts/form
s/oahu/family_court_forms), your documents will be
referred to a Judge for review and can be picked up
at Window 5 in two weeks.

� MATRIMONIAL ACTION Original + You Complete all sections of this document. If you do
INFORMATION (MAI) 2 copies not know the information requested write unknown,
do not leave blank.

� NOTICE TO ATTEND Original + Documents This form must be completed if Plaintiff or

KIDS FIRST 2 copies Clerk Defendant has minor children from this or any other
(If applicable) relationship. The Documents Clerk will assign you
a date to attend the Kids First Program.

You must properly serve your spouse with a filed copy of the Complaint for Divorce;
Automatic Restraining Order; and Summons to Answer Complaint and the Notice to Attend
Kids First (if applicable).

FC Adm 8/6/18 DOCUMENT CHECKLIST

Page 1 of 4 pages
RG-AC-508 (12/18) 1F-P-1092

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] at least ten (10) days prior to your
hearing or appointment date.
Please call the Family Court Service Center at 954-8290 if you have any questions about forms or procedures.
 HOW SIGNED
NAME OF DOCUMENT MANY BY COMMENTS

� PROOF OF Original Document This document must be completed by the person who
SERVICE + Server personally delivers a filed copy of the Complaint for Divorce;
2 copies Automatic Restraining Order; and Summons to Answer
Complaint to your spouse. The person who serves must
complete the date, time and place that your spouse was
served.

� MOTION FOR Original You This form must be completed and the court must approve it,
SERVICE BY MAIL + before you can mail a certified copy of the Complaint for
AND 2 copies Divorce; Automatic Restraining Order; and Summons to
DECLARATION; Answer Complaint to your spouse who does not live on this
ORDER FOR island. This form is required even if your spouse is willing to
SERVICE BY MAIL sign an Appearance and Waiver. Failure to obtain the
Court’s permission to mail to your spouse may result in a
delay in your divorce. A certified of the Complaint for
Divorce; Automatic Restraining Order; and Summons to
Answer Complaint must be mailed by certified/registered
mail, return receipt requested, restricted delivery to
addressee only.

B. Fill in the case number and complete the following documents. The documents should be
filed at the Legal Documents Branch located on the first floor of the Ronald T.Y. Moon
Kapolei Courthouse at 4675 Kapolei Parkway or the first floor of Ka‘ahumanu Hale, 777
Punchbowl Street:
HOW SIGNED
NAME OF DOCUMENT MANY BY COMMENTS

� INCOME AND Original You The information on these documents should be current
EXPENSE + within 60 day of the date that you place your case for review
STATEMENT OF 3 copies by the judge. If any major changes have occurred the
PLAINTIFF document(s) should be amended to reflect the changes. You
and your spouse may prepare a joint Asset and Debt
� ASSET AND DEBT Original You (and Statement which can be signed and dated by both of you.
STATEMENT + your
3 copies spouse)
if for Both
Parties

� INCOME AND Original Spouse If these forms are not submitted by your spouse, you must
EXPENSE + explain why in paragraph 10c of the Affidavit of Plaintiff (for
STATEMENT OF 3 copies Uncontested Divorce).
DEFENDANT

� ASSET AND DEBT Original Spouse

STATEMENT OF +
DEFENDANT 3 copies
FC Adm 8/6/18 Page 2 of 4 pages DOCUMENT CHECKLIST
1F-P-1092
 HOW SIGNED
NAME OF DOCUMENT MANY BY COMMENTS

� APPEARANCE AND Original Spouse Your spouse must receive a file-stamped copy of the
WAIVER + Complaint for Divorce; Automatic Restraining Order; and
3 copies Summons to Answer Complaint and sign the Divorce
Decree before he or she can sign this document.

� PROOF OF Original Document If the file-stamped copy of the Complaint for Divorce;
SERVICE + Server Automatic Restraining Order; and Summons to Answer
3 copies Complaint was personally delivered to your spouse, the
person who delivered those documents must complete the
date, time and place where your spouse was served and
sign and date this document.

� STATEMENT OF Original You Attach the Certified or Registered Mail Receipt as Exhibit
MAILING; EXHIBITS + “1" and the Domestic Return Receipt or the Return Receipt
1 and 2 3 copies for International Mail as Exhibit “2". Attach the exhibit
page to the back of the Statement of Mailing page.
(NOTE: You must obtain the Court’s permission before you
can mail the initial documents to your spouse.

C. Fill in the case number and complete the following document. The document should be filed at the
Legal Documents Branch located on the first floor of the Ronald T.Y. Moon Kapolei Courthouse at
4675 Kapolei Parkway or the first floor of Ka‘ahumanu Hale, 777 Punchbowl Street:
HOW SIGNED
NAME OF DOCUMENT MANY BY COMMENTS

� AFFIDAVIT OF Original You This document is a sworn statement that you must sign
PLAINTIFF + (Signed before a notary public. It requires that you provide various
(FOR 3 copies before a information and dates. Do not complete this document
UNCONTESTED notary until all required documents and attendance at the Kids
DIVORCE) public) First Program, if applicable, has been completed.

D. The following documents are needed to place your uncontested divorce by affidavit packet
on the calendar for review by the judge. This packet must be dropped at Judicial Services,
Window #5 on the 1st floor at the Ronald T.Y. Moon Kapolei Courthouse or in the Judicial
Services court jacket located in the Legal Documents Office on the 1st floor at the
Ka‘ahumanu Hale, 777 Punchbowl St.
NAME OF DOCUMENT HOW MANY COMMENTS

� DIVORCE DECREE Original Your spouse’s signature is required if you are getting a
(WITHOUT MINOR and/or + at least divorce by agreement and your spouse must have signed an
DEPENDENT CHILDREN) 3 copies Appearance and Waiver. Your spouse’s signature is not
required if your are proceeding by default.

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1F-P-1092
 HOW
NAME OF DOCUMENT MANY COMMENTS

� AFFIDAVIT OF 1 filed- You, your spouse and any minor children 6 years - 17 years,
PLAINTIFF stamped must have attended the Kids First Program or have been excused
(FOR UNCONTESTED copy from attending before you can complete this document.
DIVORCE)

� INCOME AND EXPENSE 1 filed- The information on these documents should be current within 60
STATEMENT OF stamped day of the date that you place your case for review by the judge.
PLAINTIFF copy If any major changes have occurred the document(s) should be
amended to reflect the changes. You and your spouse may
� ASSET AND DEBT 1 filed- prepare a joint Asset and Debt Statement which can be signed
STATEMENT OF stamped and dated by both of you.
PLAINTIFF (or BOTH copy
PARTIES)

� APPEARANCE AND 1 filed- To be submitted if you and your spouse have agreed to and
WAIVER stamped signed the Divorce Decree.
and/or copy To be submitted, if your spouse was served with the Complaint
� PROOF OF SERVICE for Divorce; Automatic Restraining Order; and Summons to
or Answer Complaint by personal delivery.
To be submitted, if your spouse was served with the Complaint
� STATEMENT OF
for Divorce; Automatic Restraining Order; and Summons to
MAILING
Answer Complaint by certified or registered mail.

� INCOME AND EXPENSE 1 filed- Plaintiff and Defendant may submit a joint Asset and Debt
STATEMENT OF stamped Statement.
DEFENDANT copy
If Defendant’s Income and Expense Statement and/or Asset and
� ASSET AND DEBT 1 filed- Debt Statement is not available, the reason why it is not available
STATEMENT OF stamped must be stated in Paragraph 10c of the Affidavit of Plaintiff (for
DEFENDANT copy Uncontested Divorce.)

� 9.5" X 4" ENVELOPE 1 The Court will mail to you and your spouse, file-stamped, certified
ADDRESSED TO YOU copies of your Divorce Decree in the envelopes you provided.
WITH POSTAGE The documents will be mailed via U.S. Postal Service only.
ATTACHED and
� 9.5" X 4" ENVELOPE 1
ADDRESSED TO YOUR
SPOUSE WITH
POSTAGE ATTACHED.

Your divorce becomes final when the Divorce Decree is signed by the Judge and file-stamped by
the Court. File-stamped, certified copies of the Divorce Decree and Income Withholding Order/Notice
for Support, if applicable, will be mailed to you and your spouse in the envelope which you provided. You
can track the status of your case on the Judiciary’s web page www.courts.state.hi.us using the Ho‘ohiki
Program. It takes between 4 to 6 weeks, after the Judge reviews your case for the final decree to be
mailed. If your divorce is denied, the Court will mail you instructions on what needs to be done before
the Judge will grant your divorce.
FC Adm 8/6/18 DOCUMENT CHECKLIST
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