INSTRUCTIONS
UNCONTESTED DIVORCE PACKET WITH CHILDREN (for the Island of Kaua‘i)
WHO CAN FILE FOR DIVORCE?
In order to file a divorce action in the Family Court of the Fifth Circuit (on Kaua‘i), you must meet
certain limited residency requirements. You must have been domiciled or physically present on Kaua ‘i
continuously for 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 Hawai‘i continuously for at least 6 mont hs prior
to the filing of the Complaint for Divorce. The islands are divided into separate circuits. You must me et these
limited residency requirements and file you Complaint for Divorce in the correct circuit.
• First Circuit = O‘ahu
• Second Circuit = Maui, La -
na‘i and Moloka‘i
• Third Circuit = Hawai‘i (Hilo and Kona Divisions)
• Fifth Circuit = Kaua‘i, Ni‘ihau
BEFORE YOU ST ART .
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 Uncontested
Divorce (with children) Document Checklist contains 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 which documents you still have to do.
The Divorce Decree in this packet contains provisions that covers most divorce situations. There may
be other terms or provisions necessary for your case. You are strongly urged to talk to an attorney to discuss
your legal rights and duties.
Most uncontested divorces are done by affidavit, with a Judge reviewing the documents you submit.
This means that neither you nor your spouse 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 underst and
which 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. You will not be able to complete all your
divorce documents in one day. Be sure to read each document thoroughly and
and make sure you understand what the documents says. Do not sign any document you do not agree with or
you do not understand. Reprographics (03/10) 1 Uncontested Divorce Packet With Children 5F-P-184
IF YOU NEED ASSIST ANCE
The clerks of the Court are not allowed to give legal advice or assist you in the completion of the
divorce documents.
In accordance with the Americans with Disabilities Act, and other applicable stat e and federal laws, if
you require reasonable accommodations for a disability, please contact the ADA Coordinator at the F amily
Court Office at Phone no. 482-2314, FAX 482-2509, or TTY 482-2533.
Legal Assistance
If possible, you should seek the assistance of an attorney. Even if you cannot afford to have an attorney
to represent you for the whole divorce, you should try at least to talk to an attorney to discuss your legal rights
and duties.
You can check the Yellow Pages of the telephone book for names of attorneys or you may contact the
following organization for possible assistance.
HAWAI‘I STATE BAR ASSOCIATION
Lawyer Referral Service
Telephone: 240-0872
Website:
www .hawaiilawyerreferral.com
or www .hsba.or g
The following organization offer assistance or self-help clinics to persons who fall within certa in income
brackets:
LEGAL AID SOCIETY OF HAWAI‘I
Kaua‘i Office
Intake Hotline Telephone: 245-7580, Monday through Friday, 9:00 AM to 11:30 AM
and 1:00 PM to 3:30 PM
If there have been incidents of Domestic Abuse, you may want to call the following organizations to
obtain assistance:
YWCA Kaua‘i
Telephone: 245-8404
Reprographics (03/10) 2 Uncontested Divorce Packet With Children 5F-P-184
REFERENCE MA TERIALS T O GUIDE YOU
The Following materials located at the Kaua‘i Judiciary Complex Law Library, 3970 Ka -
‘ana St., Lı -
hu‘e,
may assist you.
HAWAI‘I DIVORCE MANUAL
HAWAI‘I REVISED STATUTES
HAWAI‘I FAMILY COURT RULES
ON THE INTERNETJudiciary Web Page -
www .cour ts.state.hi.us
FILING FEES (Cash or Money Order/Cashier’s Check payable to:
CHIEF CLERK, FIFTH CIRCUIT)
DIVORCE (FC-D)
Initial Filing Fee: $100.00
Surcharge: + 25.00
Computer System Surcharge:
+ 50.00
TOTAL WITHOUT CHILDREN $175.00
Parent Education Surcharge:
+ 50.00
(If either party has children
from this marriage or any prior
relationship)
TOTAL WITH CHILDREN $225.00
Motions: No Fee
If you feel you cannot afford the filing fees, you may wish to contact the Legal Society of Hawai‘i
(Intake Hotline Telephone: 245-7580).
Reprographics (03/10) 3 Uncontested Divorce Packet With Children 5F-P-184
FILE-ST AMPING OR FILING YOUR DOCUMENTS:
You will need to get almost all of your documents “filed,” or “file-stamped,” at the court house. Look at
the Uncontested Divorce (with children) Documents Checklist for a summary of how many copies of each
document you will need to submit to Court. Documents are file-stamped by the Court at the following location
and during the following times.
LEGAL DOCUMENT SECTION
3970 Ka -
‘ana Street, Suite 207
Lı -
hu‘e, Kaua‘i, Hawai‘i 96766
Hours: 8:00 a.m. to 4:00 p.m.
Monday through Friday, excluding State/County holidays.
PLACING YOUR CASE ON THE COURT CALENDAR:
When you have completed all of your divorce documents, filed the necessary documents and serve your
spouse with the correct documents, you will be ready to have your case placed on the court calendar for judge’s
review. Refer to the Uncontested Divorce (with children) Documents Checklist for a summary of which
documents are required.
AFTER THE JUDGE REVIEWS YOUR DOCUMENTS:
Once your case is set on the uncontested divorce calendar, your documents will be reviewed by the
Court staff and the Judge. If the Judge grants your divorce and signs your Divorce Decree, the clerk will
contact you to pick-up your file-stamped certified copies of your Divorce Decree.
The clerk will contact you if your divorce is “DENIED” or is not fully granted. You must follow the
Judge’s instructions before your divorce can be completed.
http://www.hsba.org Reprographics (03/10) 4 Uncontested Divorce Packet With Children 5F-P-184
Document Checklist For Uncontested Divorce (with children)
This is just a checklist. “You” are the Plaintiff, and “Spouse” is the Defendant.
A. FIRST: File these at the Legal Documents Branch of the Circuit Court:
Take these documents to the Legal Documents Branch of the Fifth Circuit Court (3970 Ka-
‘ana Street, Lı -
hu‘e). A documents 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 Original YouFiling this at the Legal Documents section of the Court starts the
❑ COMPLAINT FOR DIVORCE + divorce process. The Documents clerk will assign a Case Number.
3 copies Fill in this number on the other documents that you will file later.
Original (Clerk Staple a copy behind each copy of the Complaint for Divorce
❑ SUMMONS TO ANSWER COMPLAINT + will before you take them to be filed.
3 copies sign)
Original You
❑ MATRIMONIAL ACTION INFORMATION +
1 copy
Original This Document need to be signed by the Judge and file-stamped
❑ INITIAL PRE-TRIAL ORDER + before you can start serving your spouse.
2 copy
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:
Original This document must be completed by the person who delivers the
❑ PROOF OF SERVICE + Complaint for Divorce, Summons to Answer Complaint, and
1 copy Initial Pre-trial Order to your spouse. It cannot be file-stamped
by the Documents clerk until the person who served the document
completes filing it out.
OR *Documents can be served by personal services (a list of personal
servers are located on the bulletin board located at the court
house) or by any responsible person who is over 18 years old,
and is not related to the Plaintiff or the Defendant.
❑ MOTION FOR SERVICE BY MAIL AND Original You (signed If your spouse lives off-island, you can send the Complaint for
AFFIDAVIT; ORDER FOR SERVICE + before a Divorce, Summons to Answer Complaint, and Initial Pre-trial
BY MAIL 2 copies notary Order by certified, registered mail, return receipt requested. This
public) form asked the Court’s permission for you to do so. You must sign
this document before a notary public, and submit it to the Legal
Documents.
OR
❑ MOTION FOR SERVICE BY Original You (signed If you are unable to locate your spouse for service, you will need
PUBLICATION; AFFIDAVIT; + before a to publish a Notice of Hearing in the newspaper. This form asks
OF PLAINTIFF; ORDER FOR 2 copies notary the Court’s permission to do so. You must complete the form and
SERVICE BY PUBLICATION public) sign the Affidavit before a notary public and submit it to Legal
(AND MAILING OF NOTICE) Documents. You will be responsible to take a
filed copy of the
document to the advertising agency for publication.
Reprographics (03/10) 5 Uncontested Divorce Packet With Children 5F-P-184
Reprographics (03/10)6 Uncontested Divorce Packet With Children 5F-P-184
NAME OF DOCUMENT How Many Signed by Comments
Original YouThese documents must be dated 60 days current of the date you
❑ INCOME AND EXPENSE STATEMENT + place your case on the calendar.
OF PLAINTIFF 2 copies
Original You (and You and your spouse may prepare and sign a joint Asset and
❑ ASSET AND DEBT STATEMENT OF + Spouse if Debt Statement.
PLAINTIFF (or BOTH PARTIES ) 2 copies both
parties)
Original Spouse If your spouse did not complete these forms, you must tell this
❑ INCOME AND EXPENSE STATEMENT + to the Court in you Affidavit of plaintiff , paragraph 10c.
OF DEFENDANT 2 copies
Original Spouse
❑ ASSET AND DEBT STATEMENT OF +
DEFENDANT 2 copies
Original You ON-LINE USERS: Please see Legal Documents clerk for
❑ CHILD SUPPORT GUIDELINES +
and instructions Guidelines sheet.
WORKSHEET 2 copies Spouse
Original Payer ofUse this document only if you elect to have child support
❑ SUPPLEMENTAL AFFIDAVIT + Child payments sent directly to the recipient
and if the payer of
RE: DIRECT PAYMENT OF CHILD 2 copies Support child support can meet the required conditions. This document
SUPPORT (OPTIONAL) must be signed before a notary public.
Original Spouse Your spouse must receive a file-stamped copy of the Complaint
❑ APPEARANCE AND WAIVER + for Divorce, Summons to Answer Complaint, Notice to Attend Kids
1 copy Kids First and Initial Pre-trial Order
befor e your spouse can sign
this document.
OR
Original ProcessTo be completed by server before you can have it file-stamped.
❑ PROOF OF SERVICE + server
1 copy
OR Original YouIf you served your spouse by mail, complete this document when
❑ STATEMENT OF MAILING + you receive the return receipt.
1 copies
B. NEXT: Fill in the Case Number and file at the Legal Documents Branch:
C. LAST: Fill in the Case Number and file at the Legal Documents Branch section:
NAME OF DOCUMENT How Many Signed by Comments Original You (SignedThis document is a sworn statement that you must sign before a
❑ AFFIDAVIT OF PLAINTIFF + before a notary public. It requires that you provide various information
(FOR UNCONTESTED DIVORCE) 1 copy notary and dates. Do
not complete this document until the other
Public) documents have been completed.
Original You Your spouse’s signature is required if you are getting a divorce
❑ DIVORCE DECREE +
and by agreement (and your spouse has signed an Appearance and
(WITH CHILDREN) 3 copies Spouse Waiver).
Original Judge Unless certain conditions are met, child support payments must
❑ ORDER FOR INCOME + will be paid through Child Support Enforcement Agency by way of
WITHHOLDING 3 copies sign an Order for Income Withholding.
Original You Proof to Court that Defendant was served copy of Divorce Decree.
❑ CERTIFICATE OF MAILING +
1 copy
Your divorce becomes final when the Divorce Decree is signed by the Judge and file-stamped. The clerk wi ll contact you when the
Decree is file-stamp or if it needs to be corrected.
DATE PLAINTIFF’S SIGNATURE
CASE NUMBER
FC-D NO.
STATE OF HAWAI‘I
FAMILY COURT
FIFTH CIRCUIT COMPLAINT FOR DIVORCE
PLAINTIFF,
VS. (Full Name)
DEFENDANT.(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 Kaua‘i 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 therelief 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 are true andcorrect to the best of my knowledge, information and belief.
Reprographics (08/09) COMPLAINT FOR DIVORCE 5F-P-186
CASE NUMBER
FC-D NO.
STATE OF HAWAI‘I
FAMILY COURTFIFTH CIRCUIT SUMMONS
TO ANSWER COMPLAINT
TO THE DEFENDANT
You are hereby summoned and required to serve a written answer to the attached Complaint within 20 days after
service of this Summons upon you, exclusive of the date of service.
Your written answer must be filed with the Chief Clerk of this Circuit at the following location or address.
A copy of your answer should also be served upon the Plaintiff ’s attorney, or in the event Plaintiff is not
represented by an attorney, upon the Plaintiff at the address shown on the Complaint.
CIRCUIT COURT OF THE FIFTH CIRCUITKAUA‘I JUDICIARY COMPLEX
3970 KA -
‘ANA STREET, SUITE 207
LI -
HU‘E, HAWAI‘I 96766
If you fail to file your written answer within the 20-day time limit, further action may be taken in this cas e,
including judgment for the relief demanded in the Complaint, without further notice to you.
THIS SUMMONS SHALL NOT BE PERSONALLY DELIVERED BETWEEN 10:00 P.M. AND
6:00 A.M. ON PREMISES NOT OPEN TO THE PUBLIC, UNLESS A JUDGE OF THE
DISTRICT OR CIRCUIT COURTS PERMITS, IN WRITING ON THE SUMMONS,
PERSONAL DELIVERY DURING THOSE HOURS.
FAILURE TO OBEY THE SUMMONS MAY RESULT IN AN ENTRY OF A DEFAULT AND
DEFAULT JUDGMENT AGAINST THE PERSON SUMMONED.
DATE CLERK OF COURT
PLAINTIFF,(Full Name)
VS.
DEFENDANT.(Full Name) This document is prepared by
❑ Plaintiff ❑Atty. for Plaintiff
Name Address
City, State, Zip Phone
Reprographics (08/09) SUMMONS TO ANSWER COMPLAINT 5F-P-187
STATE OF HAWAI‘IFAMILY COURTFIFTH CIRCUIT MATRIMONIAL ACTION
INFORMATION CASE NUMBER
FC-D NO. DATE FILED
PREPARED:
PLAINTIFF DEFENDANT ATTORNEY FOR PLAINTIFFATTORNEY FOR DEFENDANT
PLAINTIFF DEFENDANTNATURE OF CASE
DIVORCE SEPARATION ANNULMENT OTHER
ITEM WIFE HUSBAND
FULL NAME BIRTH OR MAIDEN NAME ADDRESS STREET, APT. NO. TOWN, STATE, ZIP COUNTY HOME WORK HOME WORK
PHONE SOCIAL SECURITY NUMBER (LAST FOUR DIGITS ONLY) DATE OF BIRTH PLACE OF BIRTH (State or Country) RACEHIGHEST GRADE COMPLETEDHAWAI‘I RESIDENT SINCECIRCUIT RESIDENT SINCEPRIMARY EMPLOYER (Name and Address) JOB TITLE WORK SCHEDULELENGTH OF SERVICE
Primary Secondary Welfare Primary Secondary Welfare
GROSS MONTHLY INCOME (All Sources)
DATE COUNTY / STATE
DATE OF THIS MARRIAGE
DATE OF SEPARATION DATE COUNTY / STATE
NOT SEPARATED
Reprographics (08/09) MATRIMONIAL ACTION INFORMATION 5F-P-188
XXX-XX-
XXX-XX-
MATRIMONIAL ACTION INFORMATION (Continued)CASE NUMBER
FC-D NO.
FROM TO TERMINATED BY STATE
MONTH/YEAR MONTH/YEAR DIVORCE ANNULMENT DEATH
WIFE’S PRIOR MARRIAGES HUSBAND’S PRIOR MARRIAGES
CHILDREN:ALL CHILDREN OF EITHER PARTY FROM YOUNGEST TO OLDEST
LEGAL PRESENT
CHILD’S FULL NAME M/F BIRTHDATE PARENT CUSTODY SCHOOL AND GRADE (HUSBAND, WIFE OR OTHER)
INFORMATION REQUIRED FOR CUSTODY
CHILD(REN)’S PRESENT ADDRESS:
PLACES WHERE AND PERSONS WITH WHOM THE CHILDREN HAVE LIVED WITHIN THE LAST FIVE YEARS AND DATES FROM TO
ADDRESS CARETAKERS
MONTH/YEAR MONTH/YEAR
WIFE IS IS NOT PREGNANT. EXPECTED DELIVERY DATE: THE UNDERSIGNED SOLEMNLY AND SINCERELY DECLARES, UNDER PENALTY OF PERJURY, THAT THE STATEMENTS MADE HEREIN ARE TRUE AND CORRECT TO THE BEST OF HIS/HER KNOWLEDGE, INFORMATION AND BELIEF.
DATE SIGNATURE
Reprographics (08/09) MATRIMONIAL ACTION INFORMATION 5F-P-188
CASE NUMBER
FC-D NO.
STATE OF HAWAI‘I
FAMILY COURTFIFTH CIRCUIT APPEARANCE AND WAIVER
I, the Defendant, acknowledge receipt of a filed copy of the Complaint and Summons in the above-entitled
action, submit myself to the Court’s jurisdiction, and have agreed with the Plaintiff on the matters set forth in
❑ a signed agreement incident to divorce.
❑ a form of Decree which I have approved by signature.
I consent to a hearing of the complaint by a judge at any time without further notice and without my
presence so long as the Decree issued incorporates the provisions I have approved. If such Decree is not
entered by the Court, I request to be notified.
I understand that I am not required to sign this paper and that by doing so I am permitting the Court without
opposition from me to proceed with the above-entitled matter at this time unless there is reason for t he Court to
alter our agreement.
❑I am not in the military service of the United States.
❑ I am in the military service of the United States, but I do not request a stay of proceedings herein, and
I do waive any rights I may have under the Soldiers’ and Sailors’ Civil Relief Act, 50 U.S.C. Sec. 521,
et. seq.
Reprographics (08/09) APPEARANCE AND WAIVER 5F-P-189
DATE DEFENDANT’S SIGNATURE
PLAINTIFF,
(Full Name)
VS.
DEFENDANT.(Full Name) This document is prepared by
❑ Plaintiff ❑Defendant ❑Atty. for Plaintiff ❑Atty. for Defendant
Name Address
City, State, Zip Phone
STATE OF HAWAI‘IFAMILY COURTFIFTH CIRCUIT
Reprographics (08/09) PROOF OF SERVICE 5F-P-190
CASE NUMBER
FC-D NO.
PROOF OF SERVICE
PERSON(S) SERVED DATE TIME PLACE
DOCUMENTS SERVED
❑ Complaint and Summons ❑Initial Pre-trial Order ❑Notice to Attend Kids First
❑ Motion and Affidavit for Temporary Relief; Order to Show Cause for Temporary Relief
❑ Motion and Affidavit for Order to Show Cause for Relief After Order or Decree; Order to Show Cause for Relief Afte r
Order or Decree
❑ ___________________________________________
PLEASE EXPEDITE RETURN OF SERVICE TO FAMILY COURT
DATE POLICE OFFICER’S SIGNATURE BADGE ID NUMBER
DATE OTHER SERVING OFFICER’S SIGNATURE NAME OF SERVING OFFICER
❑ UNSERVED DOCUMENTS: I certify that, despite due and diligent search, I was unable to
locate the person to be served, and therefore the attached documents are being returned as
unserved.
PLAINTIFF,
(Full Name)
VS.
DEFENDANT.(Full Name)
I served a certified copy of each document identified below by delivering to the following person(s):
This document is prepared by ❑ Plaintiff ❑Attorney for Plaintiff
❑ Defendant ❑Attorney for Defendant
Name Address
City, State, Zip Phone
CASE NUMBER FC-D NO.
STATE OF HAWAI‘I
FAMILY COURTFIFTH CIRCUIT
MOTION FOR SERVICE BY MAIL AND AFFIDAVIT
The undersigned party to this action moves, pursuant to HRS 580-3(c) and Hawai‘i Family Court Rule 4(e)(2), for an order
authorizing service by registered or certified mail. In support of this motion the undersigned states that to hi s/her best
information and belief the adverse party is outside the State and receives mail at the following a ddress:
MOVANT’S SIGNATURE SUBSCRIBED AND SWORN TO NOTARY PUBLIC’S SIGNATURE MY COMMISSION
BEFORE ME THIS DATE: EXPIRES:
STATE OF HAWAI‘I, FIFTH JUDICIAL CIRCUIT ORDER FOR SERVICE BY MAIL
It appears that service by mail is appropriate and reasonable. IT IS HEREBY ORDERED that service he rein may be
made by forwarding
certified copies of the
❑ Complaint ❑Summons ❑Initial Pre-Trial Order ❑Notice to Attend Kids First Program
❑ Motion and Affidavit for Temporary Relief; Order to Show Cause for Temporary Relief
❑ Motion and Affidavit for Order to Show Cause and Relief After order or Decree; Order to Show Cause for Relief
After Order or Decree
❑ Income and Expense Statement; Asset and Debt Statement
❑ Other: _______________________________________________________________
_____________________________________________________________________ _____________________________________________________________________
and of this Order to the ❑Plaintiff ❑Defendant by registered or certified mail with return
receipt requested and a direction to deliver to addressee only and that actual receipt by the
❑ Plaintiff ❑Defendant of the above document(s) sent in accordance with this Order shall
be equivalent to personal service by an authorized process server as of the date of receipt.
DATE JUDGE OF THE ABOVE-ENTITLED COURT
MOTION FOR SERVICE BY MAIL AND AFFIDAVIT;
ORDER FOR SERVICE BY MAIL
PLAINTIFF, (Full Name)
VS.
DEFENDANT.(Full Name) This document is prepared by:
❑ Movant ❑Attorney for Movant
Name Address
City, State, Zip Phone
Reprographics MOTION FOR SERVICE BY MAIL AND AFFIDAVIT;
(08/09) ORDER FOR SERVICE BY MAIL 5F-P-191
STATE OF HAWAI‘IFAMILY COURTFIFTH CIRCUIT
Reprographics (08/09) STATEMENT OF MAILING; EXHIBIT “1” AND “2” 5F-P-192CASE NUMBER FC-D NO.
STATEMENT OF MAILING
EXHIBIT “1” AND “2”
I REPRESENT THAT I caused one certified copy each of the Complaint for Divorce; Summons to Answer Complaint;
and Motion for Service by Mail and Affidavit; Order for Service by Mail; and ___________________________________ ,
to be mailed by certified or registered mail, return receipt requested, restricted delivery to :
Defendant’s Name: ________________________________________________________________________________
Defendant’s Address: ____________________________________________________________________________________________________________________________________________________________
City, State, Zip Code: ______________________________________________________________________________
Defendant
At the time of mailing, the receipt attached hereto as Exhibit “1” was postmarked and dated. Thereafter, the return
receipt attached as Exhibit “2” was received.
DATE PLAINTIFF’S SIGNATURE
PLAINTIFF,
(Full Name)
vs.
DEFENDANT.(Full Name)
This document is prepared by: ❑ Plaintiff ❑Attorney for Plaintiff
Name
Address
City, State, Zip Code Phone
STATE OF HAWAI‘IFAMILY COURTFIFTH CIRCUIT
Reprographics (08/09) STATEMENT OF MAILING; EXHIBIT “1” AND “2” 5F-P-192CASE NUMBER FC-D NO.
STATEMENT OF MAILING
EXHIBIT “1” AND “2”
(continued)
EXHIBIT 1
EXHIBIT 2
CASE NUMBER FC-D NO.
STATE OF HAWAI‘I
FAMILY COURTFIFTH CIRCUIT
MOTION FOR SERVICE BY PUBLICATION; AFFIDAVIT OF PLAINTIFF; ORDER FOR SERVICE BY PUBLICATION (and Mailing of Notice)
STATE OF HAWAI‘I ) ) SS.
COUNTY OF KAUA‘I )
Plaintiff moves pursuant to HRS 580-3(d) and Hawai‘i Family Court Rules 4 (e)(3)(i) and 88 for an order setting
the time and place of hearing of the cause herein and authorizing notice of pendency of the cause and of such time and place of hearing by publication and mailing of notice to defendant to his last known address, and in supportthereof submits the attached affidavit. This certification is made pursuant to rule 97 of the Hawai‘i Family Court Rules. DATED: Lı -
hu‘e, Hawai‘i
Plaintiff’s Signature
MOTION FOR SERVICE BY PUBLICATIONAFFIDAVIT OF PLAINTIFF;
ORDER FOR SERVICE BY PUBLICATION (and Mailing of Notice)
PLAINTIFF,(Full Name)
VS.
DEFENDANT.(Full Name) This document is prepared by:
❑ Plaintiff ❑Attorney for Plaintiff
Name Address
City, State, Zip Phone
Reprographics MOTION FOR SERVICE BY PLAINTIFF; AFFIDAVIT OF PLAINTIFF;
(10/10) ORDER FOR SERVICE BY PUBLICATION (and Mailing of Notice) 5F-P-202
CASE NUMBER FC-D NO.
STATE OF HAWAI‘I
FAMILY COURTFIFTH CIRCUIT
AFFIDAVIT OF PLAINTIFF
STATE OF HAWAI‘I ) ) SS.
COUNTY OF KAUA‘I )
______________________________________________________________________________________ ,
Plaintiff above named, being first duly sworn on oath deposes and says:
That __________________________________________________________________________________
is married to Defendant above named; that ____________________________________________________
last saw Defendant on ________________________ ; that the last address of Defendant known to Plaintiff is
______________________________________________________________________________________
that a certified copy of the Complaint for Divorce and Summons in the above cause was mailed to Defendant at
the foregoing address by certified (registered) mail, return receipt requested, and was returned all as set forth in the Statement of Mailing heretofore filed in the above cause (attached hereto and incorporated herein byreference; that Plaintiff has no other information as to the whereabouts of Defendant, nor any information as to any other persons who know or might know of the whereabouts of Defendant after making requests for such
information of the following friends and relatives of Defendant, to wit: _______________________________ ______________________________________________________________________________________
(give full name and address)
AFFIDAVIT OF PLAINTIFF
PLAINTIFF,(Full Name)
VS.
DEFENDANT.(Full Name)
Reprographics Page 1 of 2AFFIDAVIT OF PLAINTIFF
(10/10) 5F-P-203
CASE NUMBER FC-D NO.
STATE OF HAWAI‘I
FAMILY COURTFIFTH CIRCUIT
The Plaintiff has made a due and reasonable inquiry and search for not less than 15 days and does not know and has not been able to ascertain the actual address or resident of Defendant. FURTHER AFFIANT SAYETH NAUGHT ____________________________________________________________
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME
this __________________________ day of ________________________ ,
in ____________________________________________________ , Hawai‘i
____________________________________________________________
Notary Public, State of Hawai‘i
My Commission expires: _________________________________________ AFFIDAVIT OF PLAINTIFF
Reprographics Page 2 of 2AFFIDAVIT OF PLAINTIFF
(10/10) 5F-P-203
CASE NUMBER FC-D NO.
STATE OF HAWAI‘I
FAMILY COURTFIFTH CIRCUIT
ORDER FOR SERVICE BY PUBLICATION
(and Mailing of Notice)
STATE OF HAWAI‘I ) ) SS.
COUNTY OF KAUA‘I )
It appearing to the satisfaction of the undersigned that service by publication is appropriate and reasonable, IT IS HEREBY ORDERED that the cause be set for hearing on ____________________________________
at _______ a.m./p.m. of said day in the Family Court, Judiciary Building Courtroom # ____________ located at3970 Ka -
‘ana Street, Lı -
hu‘e, Hawai‘i.
IT IS HEREBY FURTHER ORDERED that notice of the pendency of this cause and of the above order time
and place of hearing thereof be give to the Defendant above named by publication of such notice in _______ _____________________________________ a newspaper suitable for the advertisement of notices of judicial
proceedings, published in this State, which publication shall be at least once in each of three (3) successive weeks, the last publication to be not less than twenty (20) days prior to the time above set for hearing; and IT IS HEREBY FURTHER ORDERED that such notice include the statement that in the event the Defendant
fails to appear and defend as required, further action may be taken in this cause including judgement to for therelief demanded in the complaint without further notice to the Defendant. IT IS FURTHER ORDERED THAT notice shall be mailed to the Defendant at his/her last know
CASE NUMBER FC-D NO.
STATE OF HAWAI‘I
FAMILY COURTFIFTH CIRCUIT
There shall be filed in this proceeding prior to the time of hearing of the Complaint and affidavit of publication,
pursuant to this order which shall constitute proof of service under the provisions of this order. DATED: Lı -
hu‘e, Hawai‘i _________________________________________
_________________________________________
Judge of the above-entitled Court ORDER FOR SERVICE BY PUBLICATION
(and Mailing of Notice)
Reprographics Page 2 of 2ORDER FOR SERVICE BY PUBLICATION
(10/10) (and Mailing of Notice) 5F-P-204
CASE NUMBER
FC-D NO.
STATE OF HAWAI‘I
FAMILY COURTFIFTH CIRCUIT
TO:
YOU ARE HEREBY NOTIFIED that the above entitled case will be heard before the
Presiding Judge of the Family Court, Fifth Circuit, Judiciary Building, Courtroom # ___ , 3970 Ka -
‘ana
Street, Lı -
hu‘e, Hawai‘i on ___________________________________ at _____ a.m./p.m. or as soon
thereafter as the case may be heard.
IF YOU FAIL to appear at the hearing, the relief requested in the _______________________
filed _____________ may be granted without further notice to you. NOTICE OF HEARING
PETITIONER (PLAINTIFF),
VS.
RESPONDENT (DEFENDANT).
Reprographics (10/10) NOTICE OF HEARING 5F-P-205
In accordance with the Americans with Disabilities Act and other applicable state and federal laws, if you require a reasonable accommodation for a disability,
please contact the ADA Coordinator at the Circuit Court Administration Office at PHONE N O. 482-2314, FAX 482-2553, or TTY 482-2533 at least ten (10) working
days prior to your hearing or appointment date.
NOTICE OF HEARING
DATE CLERK’S SIGNATURE
Publish in “The Garden Island” on _______________________________________________________ .
Received a true copy of the foregoing notice for publication as indicated above, this _______________
day of _________________________________________ .
KAUA‘I PUBLISHING COMPANY
BY: ___________________________________________
Occupation:_________________________________________________________________________________
JOB TITLE
Employer: __________________________________________________________________________________
Address: ___________________________________________________________________________________
Length of service: _____________month/year.
Income Tax Withholding based on: ________dependents.
INCOME
Gross income. Paid: monthly, 2 times per month, every 2 weeks, weekly or other ___________
Gross per pay period ...................................... $ ___________ Per month............................... $ ____________
Payroll deductions per pay period: Fed. income tax ....................................... $ ____________
State income tax ...................................... $ ____________
FICA (Social Security) ............................ $ ____________
Union dues .............................................. $ ____________
a) Net per pay period ................... $ ___________ Per month........ $ _____________
Other: Retirement/401K ................................... $ ____________
Credit Union .......................................... $ ____________
Direct Deposit ....................................... $ ____________
Income Assignments .............................. $ ____________
Support Payments .................................. $ ____________
Medical Insurance ................................. $ ____________
b) Take home per pay period ....... $ ___________Per month........ $ _____________
Other regular monthly income, (rental income, 2nd job, interest, child support, welfare,
food stamps, and any other source.) Gross monthly receipt ............................. $ ____________
Taxes paid IRS and State on above .......... $ ____________
c) Total other income net ............................... $ ____________
Total Monthly Income (Add per month income from lines a and c above) $ _____________
Reprographics (08/09) INCOME & EXPENSE STATEMENT 5F-P-194
INCOME AND EXPENSE STATEMENT
❑ Plaintiff ❑ Defendant
CASE NUMBER
FC- NO.
STATE OF HAWAI‘I
FAMILY COURTFIFTH CIRCUIT
PLAINTIFF,(Full Name)
VS.
DEFENDANT.(Full Name) This document is prepared by:
❑ Plaintiff ❑Defendant ❑Atty. for Plaintiff ❑Atty. for Defendant
Name Address
City, State, Zip Phone
Reprographics (08/09)INCOME & EXPENSE STATEMENT 5F-P-194
EXPENSES
Do not list expenses which are paid by payroll deduction.
Housing, expenses per month: rent, mortgage, agreement of sale ................................ $ ____________
insurance if not included above .................................... $ ____________
Real Property taxes (if paid separately) ........................ $ ____________
Utilities, gas, water, elec., telephone etc. ...................... $ ____________
Transportation, expenses per month: Car payment, lease, rental ............................................ $ ____________
Insurance on vehicle .................................................... $ ____________
Maintenance (repairs) .................................................. $ ____________
Operating (gas, oil & tires) .......................................... $ ____________
Total Housing and Transportation expenses ..................................................................................... $ ____________
Debt service (all monthly payments, eg. credit cards, charges, finance company, personal loans) ...... $ ____________
Personal Expenses per month: Self Children No.( _ ) Food ............................................................................... $ ____________ $ ____________
Clothing ......................................................................... $ ____________ $ ____________
Medical and Dental ........................................................ $ ____________ $ ____________
Laundry & Cleaning ....................................................... $ ____________ $ ____________
Personal articles ............................................................. $ ____________ $ ____________
Recreation (movies etc) .................................................. $ ____________ $ ____________
School (include food) ..................................................... $ ____________ $ ____________
Household ...................................................................... $ ____________ $ ____________
Bus (on monthly basis) ................................................... $ ____________ $ ____________
Other (_____________________) .................................. $ ____________ $ ____________
Payment to others for dependent care ......................................................................................... $ ____________
Sub Totals .......................................................... $ ____________ $ ____________
Total Personal expenses ................................................................................ $ ____________
Grand Total expenses: Housing, Trans., Debt & personal ............................. $ ____________
Savings, : Income minus Expenses .......................................... $ ____________
Explain in detail where savings are invested, or if there is a , who provid es the funds to
maintain the level of spending indicated in this income and expense statement . (Use separate sheet if more space
is needed.)
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
CERTIFICATION
I hereby declare under the penalty of perjury that I have supplied the information used
in this Income and Expense Statement and have reviewed this statement and I certify
that the information is accurate, complete and correct.
DATE ❑PLAINTIFF’S ❑DEFENDANT’S SIGNATURE
0.00
0.00 0.00
0
0
Reprographics (08/09)ASSET AND DEBT STATEMENT 5F-P-195
1.
Cash (on hand or held by others for me) $ ______________________________________
2. CREDIT UNION ACCOUNTS:
Name Title (H,W,J*) Credit Balance Debt Balance
___________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________
3. BANK AND SAVINGS ACCOUNTS: (Include Trustee Accounts)
Company & Branch Type of Account Title (H,W,J) Current Balance
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
4. SECURITIES: (Stocks, Bonds, Mutual Funds, Certificates of Deposit, etc.)
Company Title (H,W,J) Date of Acquisition Cost Market Value Debt Owed Against
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
ASSET AND DEBT STATEMENT
❑ Plaintiff ❑ Defendant ❑ Both Parties
CASE NUMBER
FC- NO.
STATE OF HAWAI‘I
FAMILY COURTFIFTH CIRCUIT
PLAINTIFF,(Full Name)
VS.
DEFENDANT.(Full Name) This document is prepared by:
❑ Plaintiff ❑Defendant ❑Atty. for Plaintiff ❑Atty. for Defendant
Name Address
City, State, Zip Phone
Page 1 of 3
* H = Husband
W = Wife
J = Joint
Reprographics (08/09)ASSET AND DEBT STATEMENT 5F-P-195
5.VEHICLES: (Autos, Trucks, Motorcycles, Trailers, Campers, Boats, etc.)
Year Make Title (H,W,J) Current Market Value Debt Owed Against
___________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
6. REAL PROPERTY:
Date of Current Total
Address Fee or Lease Title (H,W,J) Acquisition Cost Gross Value Debt Owed
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
7. LIFE INSURANCE:
Title Debt Owed
Company Person Insured Face Amount Beneficiary (H,W,J) Cash Value Against
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
8. RETIREMENT; PENSION; PROFIT SHARING ACCOUNTS:
Total
Employer or Company Title (H,W,J) Type of Plan Years in Plan Value
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
9. ALL OTHER MAJOR ASSETS: (Furniture, Household Effects, Art, Stamps, Coins, Tools,
Equipment, Jewelry, Accounts Receivable, Investment Assets, Business Assets, Cem etery Plots or
Niches, Tax Refunds Due, etc.)
General Description Title (H,W,J) Estimated Gross Value Debt Owed Against _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Page 2 of 3
Reprographics (08/09)ASSET AND DEBT STATEMENT 5F-P-195
10.
PROPERTY HELD IN TRUST FOR OR BY THIRD PERSON/S: (Aside from Bank & Savings
Accounts Noted in paragraph 3)
Description Trustee/s Beneficiaries Value Debt Owed Against
___________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
11. ALL OUTSTANDING DEBTS: (Include those listed parts 2, 4, 5, 6, 7, 9, and 10 above, in
addition to all credit cards, charges, finance companies, and personal loans.)
Debtor Mo./Yr. Total Minimum Monthly
Creditor (H,W,J or Other) Security Debt Incurred Balance Owed Payment
_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Total Debt in Wife’s Name Alone: ______________________________________________________________________________
Total Debt in Husband’s Name Alone: _________________________________________________________________________
Total Debt in Joint Names: ______________________________________________________________________________________
CERTIFICATION
I hereby declare under the penalty of perjury that I have supplied the information used in this Asset and
Debt Statement and have reviewed this statement and I certify that the information is accura te, complete
and correct.
DATE ❑PLAINTIFF’S ❑DEFENDANT’S SIGNATURE
DATE
❑
PLAINTIFF’S ❑DEFENDANT’S SIGNATURE
Page 3 of 3
STATE OF HAWAI‘I
FAMILY COURT FIFTH CIRCUIT ADMINISTRATIVE JUDGE’S
MEMORANDUM
Reprographics (03/10) ADMINISTRATIVE JUDGE’S MEMORANDUM 5F-P-196
FC- NO.
3970 Ka -
‘ana Street, Lı -
hu‘e, Hawai‘i 96766-1282 TEL (808) 482-2330
Randal G.B. Valenciano CHIEF JUDGE Calvin K. Murashige
FAMILY COURT JUDGE
DATE: TO:
FROM: July 21, 1999 (Updated July 2007)
Fifth Circuit Judges, Attorneys, and Pro Se Litigants
The Honorable Randal G.B. Valenciano, Chief Judge
PROOF OF UNCONTESTED DIVORCE THROUGH AFFIDAVIT
Pursuant to Sections 580-5, H.R.S., the Family Court of the Fifth Circuit authorizes parties to an uncontested divorce to prove the case through an af�davit rather than by court appearance. Exact legal proof of every point is required in the af�davits. EFFECTIVE SEPTEMBER 1,1999 the following process will be used in af�davit only cases.
1. The Af�davit of Plaintiff must be �led with the documents clerk before the case is set.
2. The Af�davit of Plaintiff must contain legal proof of every point required (see the sample
af�davit attached). Utilize the attached sample as a guide and only include paragraphs in the af�davit which apply to your case. Be sure to include any other information in the af�davit which is necessary or would be helpful to the judge.
Such matters as circumstances justifying a variance from either child support guidelines
or matters affecting the partnership model for division of property must be stated or you risk
rejection of the proposed decree.
3. If not previously �led, the following documents must be �led with the Af�davit:
a. One or more of the following documents as proof of service:
(1) Appearance and Waiver. The Appearance and Waiver must be �led in all non-default
uncontested cases. It must be both hand-dated and signed by the Defendant after the
complaint has been �led. Family Court Rule 8(g) requires that the Appearance and
Waiver “shall be �led within a reasonable time before the date of hearing.” If the
Appearance and Waiver is not current within six months of the time of setting, the
Plaintiff must submit a Notice of Hearing to the Defendant and �le the Notice of Hearing
with the Family Court clerk at the time the case is set.
(2) Proof of Service, Statement of Mailing or Af�davit of Publication:
(a) Upon Defendant. If no Appearance and Waiver is �led, Proof of Service
of the Complaint by personal service, Statement of Mailing with a return receipt
signed by Defendant, or Af�davit of Publication must be provided if proceeding either
by default or by agreement.
STATE OF HAWAI‘I
FAMILY COURT FIFTH CIRCUIT ADMINISTRATIVE JUDGE’S
MEMORANDUM
Reprographics (03/10) ADMINISTRATIVE JUDGE’S MEMORANDUM 5F-P-196
FC- NO.
3970 Ka -
‘ana Street, Lı -
hu‘e, Hawai‘i 96766-1282 TEL (808) 482-2330
(b) Upon Corporation Counsel. Proof of Service of the Complaint upon Family Support
Division of Corporation Counsel must be �led if any party has a child who is a
recipient of Aid to Families with Dependent Children (AFDC).
b. Income and Expense Statement and Asset and Debt Statements of Plaintiff and Defendant:
Current �nancial statements must be �led by Plaintiff and Defendant if possible, as stated
below. Each party must hand-date and sign in black ink each of his/her statements.
(1) Plaintiff. Plaintiff’s �led Income and Expense Statement and Asset and Debt Statement
must re�ect �nancial information that is current within 60 days of the setting date (not the
hearing date) of the case. Plaintiff’s statements should re�ect all known assets held in
the joint or sole names of the parties.
(2) Defendant. Plaintiff must submit to the counter clerk either: (a) Defendant’s �led Income
and Expense Statement and Asset and Debt Statement current within 60 days of the
setting of the case, or (b) A letter addressed to the Presiding Judge explaining why
current �nancial statements are not available.
c. Child Support Guidelines Worksheet (if applicable): Plaintiff must submit a �led copy of the
child support guidelines worksheet in all cases where the parties have minor and/or
dependent children. The worksheet must be signed by Plaintiff and Plaintiff’s attorney and
Defendant and Defendant’s attorney if possible.
d. Kids First Information Sheet (if applicable): Plaintiff must submit a Kids First Information
Sheet in all cases where the parties have minor children between the ages of 6 and 17,
re�ecting that both parties and applicable children have attended the Kids First Program.
e. Agreement Incident to Divorce (if applicable): All agreements must be �led, hand dated and
signed by both parties in black ink. The agreement should be signed before a notary or
signature of counsel should appear on the agreement.
f. Paternity Judgment (if applicable): If any minor children born during the marriage are not
fathered by the husband, the case must be placed on the contested divorce calendar unless
the paternity of the natural father has already been adjudicated in a paternity action. See
Hawaii Divorce Manual, 5th ed., Section 7 for appropriate procedures.
g. Proposed Decree: A signed original decree and copies must be provided to the Family Court
counter clerk.
Signatures: Stipulated decrees shall be signed by both parties and their attorneys. Each
party must also hand-write the date in black ink next to his/her signature. If the decree
incorporates an Agreement Incident to Divorce, only opposing counsel needs to sign the
degree “approved as to form.”
STATE OF HAWAI‘I
FAMILY COURT FIFTH CIRCUIT ADMINISTRATIVE JUDGE’S
MEMORANDUM
Reprographics (03/10) ADMINISTRATIVE JUDGE’S MEMORANDUM 5F-P-196
FC- NO.
3970 Ka -
‘ana Street, Lı -
hu‘e, Hawai‘i 96766-1282 TEL (808) 482-2330
h. Order for Income Assignment (if applicable): Plaintiff shall submit an original of the Order
for Income Assignment (OIA) and copies to the Family Court counter clerk together with
the decree. If no OIA is submitted because the obligator has no periodic income, or the
parties have elected direct payments to the custodial parent, and the defendants of the
obligor parent are not receiving public assistance bene�ts, this should be explained in the
Af�davit of Plaintiff. The Degree should nevertheless order that child support will be paid by
OIA as soon as the obligor receives periodic income, and should further require the obligor
to notify the Child Support Enforcement Agency in writing of the name and address of the
employer or other payor as soon as he receives such income.
i. Order Granting Motion: If Plaintiff is proceeding by default, a �led copy of the Order Granting
Motion for Default must be submitted in all af�davit cases at the time the case is set.
Otherwise, a hearing on a motion for default should be scheduled at the time of the
uncontested divorce and the Notice of Motion will re�ect the same date and time as the
uncontested divorce.
4. In the af�davit only cases, the case �le including all documents will be reviewed by the
assigned judge on or about the date of the hearing. The judge, after a hearing without
appearances, will note the disposition on the court’s calendar as follows: a) granted; b)
decree to be resubmitted (with corrections); or c) court hearing with appearances required
Original and Copies of the rejected decrees will be returned to the attorneys via attorney’s
jacket or to Plaintiff via mail along with Noti�cation of Case Status/De�ciency notice. Corrections to be completed before resubmitting documents back to the Legal Documents Branch.
STATE OF HAWAI‘IFAMILY COURTFIFTH CIRCUIT NOTICE TO ATTEND
KIDS FIRST PROGRAM FC- NO.
You are hereby notified that you are REQUIRED to attend the program on:
DAY : Wednesday
DATE :
TIME : 4:45 - 7:00 P.M.
At the Judiciary Complex located at 3970 Ka -
‘ana Street, Lı -
hue, Hawai‘i. (See
Administrative Judge’s Memorandum) Divorce parties are required to bring with them their children from the marriage who are from 6 to 17 years old. Paternity parties are required tobring with them their children who are subject to the custody dispute who are from 6 to 17years old. CHILDREN UNDER AGE 6 ARE NOT TO ATTEND .
GENERAL INFORMATION :
All children are affected by divorce and separation in some way. Many children experience
long term emotional problems after their parents separate. If you can recognize and help yourchild with the special problems associated with separation during this difficult time you will giveyour child a lasting gift. Unfortunately, most parents do not have the information aboutchildren, separation, and divorce that they need to help their children.
The Kids First Program, sponsored by an independant steering committee and the
Judiciary, is designed to provide information to parents about how to best help children adjustto separation and divorce. Information about the divorce and separation process is presentedthrough video tapes, lectures by experts, and group discussions. Yourchildren will also have a chance to tour the courtroom.
We suggest that you and your children dress informally in light clothing.
Do not attend the program while under the influence of alcohol or anyillegal drugs. If you have any questions about the program, you need toreschedule your program date, you need special accommodations, or if arestraining order or protective order has been issued that affects you,please contact the Circuit court at 482-2330.
Reprographics (10/10) Page 1 of 2NOTICE TO ATTEND KIDS FIRST 5F-P-161
In accordance with the Americans with Disabilities Act and other applicable stat e and federal laws, if you require a reasonable accommodation for a disability,
please contact the ADA Coordinator at the Circuit Court Administration Office at PHONE N O. 482-2314, FAX 482-2553, or TTY 482-2533 at least ten (10) working
days prior to your hearing or appointment date.
PLAINTIFF/PETITIONER,
(Full Name)
VS.
DEFENDANT/RESPONDENT. (Full Name)This document is prepared by
❑ Plaintiff/Petitioner ❑Defendant/Respondent
❑ Attorney. for Plaintiff ❑Attorney. for Defendant
_________________________________________________
Name
_________________________________________________ _________________________________________________
Address
_________________________________________________
City, State, Zip
_________________________________________________
Telephone No.
The divorce plaintiff and the party filing the OSC for custody in paternity cases must file
two forms for Kids First Program, using this procedure:
(1) Pick up three (3) ADMINISTRATIVE JUDGE’S MEMOS, three (3) NOTICE TO ATTEND forms, and one (1) KIDS FIRST INFORMATION SHEET from the Circuit Court Clerk’s office (these forms are included in the divorce packets)
(2) Fill out the top portion of the KIDS FIRST INFORMATION SHEET
(3) Go to the Circuit Court clerk’s office to (a) File the Complaint for divorce or the OSC; and the NOTICE TO ATTEND forms;
(b) Turn in the KIDS FIRST INFORMATION SHEET (Circuit clerk will fill in the casenumber and date on the NOTICE TO ATTEND forms and the KIDS FIRSTINFORMATION SHEET).
(4) Serve the Complaint for Divorce or the OSC upon the opposing party, along with one filed NOTICE TO ATTEND form with the ADMINISTRATIVE JUDGE’S MEMOattached, within five (5) days of filing them.
NO COMPLAINTS FOR DIVORCE THAT ALLEGE THAT THE PARTIES HAVE MINORCHILDREN NOR OSC’s CONTESTING CUSTODY IN PATERNITY CASES MAY BEFILED AFTER MARCH 3, 1997, UNLESS ACCOMPANIED BY:
(1) Three completed NOTICE TO ATTEND and the ADMINISTRATIVE JUDGE’S MEMO’S forms (one for the Court and one for each party); and
(2) A completed KIDS FIRST INFORMATION SHEET.Family Court Judges may refuse to grant a divorce or adjudicate a paternity petition where custody is contest until the parties have attended this program. Attendance is documentedon the KIDS FIRST INFORMATION SHEET, which is place in the parties’ divorce orpaternity file. If either party needs to reassign the date they attend the program (for example, if a temporary restraining or protective order has been issued), arrangements can be made bycalling the Circuit Court clerk at 482-2330.
Reprographics (10/10) Page 2 of 2NOTICE TO ATTEND KIDS FIRST 5F-P-161
STATE OF HAWAI‘I
FAMILY COURTFIFTH CIRCUIT NOTICE TO ATTEND
KIDS FIRST PROGRAM
NOTICE TO ATTEND
KIDS FIRST PROGRAM
(Supersedes April 14, 1997 Memorandum)
3970 Ka -
‘ana Street, Lı -
hu‘e, Hawai‘i 96766 • Telephone (808) 482-2330
Randal G.B. Valenciano Calvin Murashige
Chief Judge Family Court Judge
TO: All Fifth Circuit Attorneys; parties to divorce actions with minor children from the marriage; parties to contested paternity action in which child custody is contested. FROM: The Honorable Rand
