Uncontested Divorce With Children Document Checklist {2F-P-452}

UNCONTESTED DIVORCE (WITH CHILDREN) DOCUMENT CHECKLIST 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, 223You224 are the Plaintiff, and your 223Spouse224 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 Second Circuit Court (Hoapili Hale, 2145 Main Street, Wailuku) Room 106. If your spouse will not sign an Appearance and Waiver, you must properly serve the Complaint for Divorce, Summons to Answer Complaint and Automatic Restraining Order on your spouse and file one of the following: Name of Document Copies Signed by Comments [ ] COMPLAINT FOR DIVORCE Original + 3 You Filing this starts the divorce process. The Court Clerk will assign a case number. Fill in this number on the other documents that you will file later. [ ] SUMMONS TO ANSWER COMPLAINT Original + 3 Court Clerk Staple a copy behind each copy of the Complaint for Divorce before you take them to be filed. [ ] AUTOMATIC RESTRAINING ORDER Original + 3 Judge Staple a copy behind each copy of the Complaint for Divorce and Summons to Answer Complaint before you take them to be filed. [ ] MATRIMONIAL ACTION INFORMATION Original + 1 You [ ] KIDS FIRST INFORMATION SHEET Original + 1 Original + 1 Staple both pink copies behind each copy of the Complaint for Divorce along with the Summons and Automatic Restraining Order before you take them to be filed. (Note: One pink form pertains to you and the other to your spouse). [ ] INCOME AND EXPENSE STATEMENT OF PLAINTIFF Original + 1 You Must be dated 60 days current of the date your case is placed on the calendar. [ ] ASSET AND DEBT STATEMENT OF PLAINTIFF Original + 1 You Must be dated 60 days current of the date your case is placed on the calendar. Name of Document Copies Signed by Comments [ ] PROOF OF SERVICE OR Original + 1 This document must be completed by the person who delivers the Complaint for Divorce, Summons to Answer Complaint and Automatic Restraining Order to your spouse. It cannot be file-stamped by the Court Clerk until the person who served the documents fills it out completely. [ ] MOTION FOR SERVICE BY MAIL AND AFFIDAVIT; ORDER FOR SERVICE BY MAIL Original + 2 You If your spouse lives out-of-state, you can send the Complaint for Divorce, Summons to Answer Complaint and Automatic Restraining Order by certified, registered mail, return receipt requested. You must sign this document before a notary public. **THESE INSTRUCTIONS ARE TO BE USED AS A GUIDE ONLY AND IS NOT A SUBSTITUTE FOR PROPER LEGAL ADVICE** FC-P-452 American LegalNet, Inc. www.FormsWorkFlow.com B. NEXT: Fill in the Case Number and file at the Legal Documents Branch: C. LAST : Fill out the following after (1) your spouse has signed the Appearance and Waiver, OR (2) 20 days have passed since your spouse was served and you have not received an answer: It takes approximately two (2) weeks for the Judge to review and sign your documents. Your divorce becomes final when the Judge signs and files the Divorce Decree. See instructions on how to receive your certified copy. Name of Document Copies Signed by Comments [ ] INCOME AND EXPENSE STATEMENT OF DEFENDANT Original + 1 Spouse If your spouse did not complete this form, you must write a letter to the Judge indicating that the Defendant refused to complete it and file it along with the Affidavit of Plaintiff and Request for a Non-Hearing Uncontested Divorce [ ] ASSET AND DEBT STATEMENT OF DEFENDANT Original + 1 Spouse If your spouse did not complete this form, you must write a letter to the Judge indicating that the Defendant refused to complete it and file it along with the Affidavit of Plaintiff and Request for a Non-Hearing Uncontested Divorce. [ ] APPEARANCE AND WAIVER OR Original + 1 Spouse This document must be signed before a notary public. Your spouse must receive a file-stamped copy of the Complaint for Divorce, Summons to Answer Complaint, and Automatic Restraining Order and signed a completed Divorce Decree before your spouse can sign this document. [ ] PROOF OF SERVICE OR Original + 1 Process Server If the Complaint for Divorce, Summons to Answer Complaint and Automatic Restraining Order were delivered to your spouse by someone (for instance, a process server), the person who delivered the document must fill this out and sign it before you can have it file-stamped. [ ] STATEMENT OF MAILING Original + 1 You If you served the Motion for Service by Mail and Affidavit; Order for Service by Mail, Complaint for Divorce, Summons to Answer Complaint, and Automatic Restraining Order on your spouse by mail; complete this document when you receive the return receipt. Name of Document Copies Signed by Comments [ ] AFFIDAVIT OF PLAINTIFF (FOR UNCONTESTED DIVORCE) Original + 1 You 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. [ ] REQUEST FOR NON-HEARING UNCONTESTED DIVORCE Original + 1 You This document requests that your divorce be granted without a court hearing. [ ] CHILD SUPPORT GUIDELINES WORKSHEET Original + 1 You and Spouse This document determines the amount of child support to be paid by the non-custodial parent to the custodial parent. [ ] ORDER/NOTICE TO WITHHOLD INCOME FOR CHILD SUPPORT Original + 4 Judge This document directs the obligor222s (person paying child support) employer to pay to Child Support Enforcement Agency the amount of child support owed. [ ] DIVORCE DECREE Original + 3 (or up to 5) You and Spouse Your spouse222s signature IS required if you are getting a divorce by agreement (AND your spouse has signed an Appearance and Waiver). Your spouse222s signature is not required if you are getting a divorce by default. FC - P - 452 American LegalNet, Inc. www.FormsWorkFlow.com