Hawaii Affidavit of Plaintiff Form
Affidavit of Plaintiff.pdf This form is filled in by the spouse that filed for divorce in the State of Hawaii. Download
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STATE OF HAWAII
FAMILY COURT
CIRCUIT AFFIDAVIT OF PLAINTIFF
(FOR UNCONTESTED DIVORCE) CASE NUMBER
FC-D NO.
_______________________________________
PLAINTIFF
(Your Full Name)
VS.
_______________________________________
DEFENDANT
(Your Spouse’s Full Name) This document is prepared by Plaintiff Atty. for Plaintiff
_______________________________________
Name
_______________________________________
_______________________________________
Address
_______________________________________
City, State, Zip
_______________________________________
Phone
STATE OF HAWAII
CITY AND COUNTY OF
Plaintiff in the above-entitled action, being first duly sworn on oath, deposes and says that:
1. Plaintiff’s full name and address is:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2. Legal Representation:
2a. Plaintiff is representing him/herself.
2b. Plaintiff is represented by the attorney named above.
3. Service of process on Defendant was made by:
3a. Personal Service: A Proof of Service or Affidavit of Service has been filed showing that the Defendant
was personally served with the Complaint and Summons on (Mo/Day/Yr) by a person
authorized to serve of legal documents.
3b. Certified or Registered Mail: The Complaint and Summons was served upon Defendant by certified or
registered mail. A Statement of Mailing or Affidavit of Mailing and an original return receipt signed by the
Defendant on (Mo/Day/Yr) have been filed. Plaintiff recognizes Defendant’s signature on
the return receipt.
3c. Appearance and Waiver: Defendant acknowledged receipt of a filed copy of the Complaint and Summons
and signed an Appearance and Waiver on (Mo/Day/Yr). Plaintiff recognizes Defendant’s
signature on the Appearance and Waiver.
3d. Publication: The Affidavit of Publication was filed on (Mo/Day/Yr).
4. Default.
4a. More than twenty (20) days have passed since the service of the Complaint
and Summons on the Defendant. No responsive pleading has been filed.
Neither Plaintiff nor Plaintiff’s attorney has received any communication
from Defendant or Defendant’s attorney concerning this case since the Complaint
was served.
4b. An order granting the Motion for Entry of Default was filed on (Mo/Day/Yr).
STATE OF HAWAII
FAMILY COURT
CIRCUIT AFFIDAVIT OF PLAINTIFF
(FOR UNCONTESTED DIVORCE)
PAGE TWO CASE NUMBER
FC-D NO.
5. Jurisdiction: (Check all that apply)
5a. Plaintiff had been domiciled or physically present on the Island of for a continuous period of at least
3 months prior to the filing of the Complaint for Divorce.
5b. Plaintiff had been domiciled or physically in the State of Hawaii for a continuous period of at least
6 months prior to the filing of the Complaint for Divorce.
5c. Defendant has been domiciled or physically present in the State of Hawaii for a continuous period of at
least 6 months prior to the filing of the Complaint for Divorce.
6. Defendant resides in (city, state) _______________________________________.
7. The parties were married on (Mo/Day/Yr).
8. The parties last lived together in (city, state) _______________________________________, on (Mo/Day/Yr).
9. Plaintiff believes that the marriage is irretrievably broken because:
______________________________________________________________________________
______________________________________________________________________________
10. Financial Statements:
10a. Plaintiff signed Income and Expense and Asset and Debt Statements on (Mo/Day/Yr). To the
best of Plaintiff’s knowledge there have been no substantial changes in Plaintiff’s financial circumstances
since that date.
10b. Defendant signed Income and Expense and Asset and Debt Statements on (Mo/Day/Yr)
Plaintiff recognizes Defendant’s signature on said documents.
10c. Defendant’s Income and Expense Statement and Asset and Debt Statement are not filed because:
______________________________________________________________________________
______________________________________________________________________________
11. Plaintiff has carefully reviewed the proposed decree and agrees to the alimony, division of property and other
provisions as provided in the proposed decree.
12. Plaintiff signed the proposed decree. Plaintiff recognizes Defendant’s signature on the decree.
13. Wife wishes to resume the use of her birth surname former married name and be known as:
______________________________________________________________________________.
14. Husband wishes to resume the use of his birth surname former married name and be known as:
______________________________________________________________________________.
15. Language Comprehension:
15a. Plaintiff fully understands the English language.
15b. Although Plaintiff does not fully understand written English, this document has been explained to him/her
by ________________________ and based on that explanation Plaintiff understands this document.
16. Plaintiff requests that the Court grant this divorce and enter the Decree without his/her appearance in Court.
17. Plaintiff has read this document and signs it voluntarily and without coercion and duress and not because he/she
was told to sign it.
STATE OF HAWAII
FAMILY COURT
CIRCUIT AFFIDAVIT OF PLAINTIFF
(FOR UNCONTESTED DIVORCE)
PAGE THREE CASE NUMBER
FC-D NO.
18. Pregnancy:
18a. Wife is not pregnant.
18b. Wife is pregnant and her expected date of delivery is (Mo/Day/Yr). Husband is is not the
father of said child.
19. Child(ren);
19a. Plaintiff and Defendant have no children together.
19b. The parties have children together. The complete name and birthdate of each are listed as follows
from the oldest to the youngest child (including adult child(ren)).
Name Date of Birth
______________________________________________________________________________(Mo/Day/Yr)
______________________________________________________________________________(Mo/Day/Yr)
______________________________________________________________________________(Mo/Day/Yr)
______________________________________________________________________________(Mo/Day/Yr)
______________________________________________________________________________(Mo/Day/Yr)
______________________________________________________________________________(Mo/Day/Yr)
19c. There is/are child(ren) conceived during the marriage fathered by someone other than husband. Their
name(s) and date of birth is/are listed as follows:
Name Date of Birth Judgement of Paternity Entered
__________________________________________________________(Mo/Day/Yr) Yes No
__________________________________________________________(Mo/Day/Yr) Yes No
20. Prior or Pending Custody Proceedings:
20a. I have not participated in any capacity in any law suit or proceeding in any state concerning custody of any
of the minor children of the Plaintiff and Defendant together. I have no information of any pending custody
proceeding or of any person not a party to this proceeding who has physical custody or claims to have
custody or visitation rights concerning any minor children of the Plaintiff and Defendant together.
20b. Prior court case involving the subject children:
Case Name: __________________________________________________________
Case Number: __________________________________________________________
Location of Court: __________________________________________________________
Date Filed: (Mo/Day/Yr) __________________________________________________________
Date Concluded: (Mo/Day/Yr) __________________________________________________________
Type of Case: __________________________________________________________
20c. Other court case involving the subject children which is still pending:
Case Name: __________________________________________________________
Case Number: __________________________________________________________
Location of Court: __________________________________________________________
Date Filed: (Mo/Day/Yr) __________________________________________________________
Date Concluded: (Mo/Day/Yr) __________________________________________________________
Type of Case: __________________________________________________________
STATE OF HAWAII
FAMILY COURT
CIRCUIT AFFIDAVIT OF PLAINTIFF
(FOR UNCONTESTED DIVORCE)
PAGE FOUR CASE NUMBER
FC-D NO.
21. Plaintiff agrees to the custody arrangement and child support amounts as provided in the proposed divorce
decree.
22. Child Support:
22a. Plaintiff believes that the information provided in the completed Child Support Guidelines Worksheet is
accurate, to the best of the Plaintiff’s knowledge and proposed child support is consistent with the Child
Support Guidelines Worksheet.
22b. Proposed child support varies from the Child Support Guidelines Worksheet because of the following
exceptional circumstances: _______________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
23. Kids First:
23a. I attended the Kids First II Program (Wednesday Night) on (Mo/Day/Yr).
23b. I was excused by Judge ___________________ from attending the Kids First II Program.
24. Other: _______________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________ Plaintiff declares that he/she understands that his/her signature under oath before a notary public is his/her solemn statement that he/she read this
Affidavit and knows and understands the contents and that these statements are true, correct and complete to eh best of his/her knowledge and belief.
PLAINTIFF’S SIGNATURE SUBSCRIBED AND SWORN TO
BEFORE ME THIS DATE:
IN ___________________, Hawaii NOTARY PUBLIC’S SIGNATURE
STATE OF HAWAII MY COMMISSION EXPIRES:
[this page is intentionally left blank- please disregard and throw away]Relevant article from our knowledge database There are a number of diverse types of affidavits. Typically, this affidavit needs to be signed and connected to the conclusion of the Will. Both affidavits are extremely different. The affidavit must incorporate the defendant's house or business address. You then need to sign the affidavit (the region in which you sign is known as the jurat).
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You can procure the forms online. The form will supply the crucial instructions. You will also have to have many forms notarized.
A divorce may not be granted in case the parties don't attend this course and they're not excused by means of a judge. Obtaining a divorce can be quite complicated. Should you not qualify to apply for divorce in Rhode Island you should search for a lawyer in different states that you may qualify to submit a divorce.
Only lawyers can provide you legal advice. For assistance with this procedure, an attorney needs to be contacted. Even when you cannot afford to engage the services of an attorney, you should attempt to talk to a lawyer locally on what to place in your Petition For Divorce. Should you not use an attorney, make certain that you learn about your rights. It's true you can need a knowledgeable and expert lawyer to run your company smoothly and professionally.
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