Instructions Uncontested Divorce Packet (No Children) - Hawaii
5
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
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