HAWAII DIVORCE PAPERS WITH EXPLANATIONS

The documents listed below are the primary documents for a Hawaii uncontested divorce. You will notice that some of the documents apply to children. If you do not have minor children, these documents are typically not required.

Understanding the Hawaii Divorce Papers:

• Matrimonial Action Information Sheet: This form profiles the spouses in a divorce action. It gives basic information about them - name, age, address, birth dates and so forth.
• Complaint for Divorce: The Complaint for Divorce establishes grounds and the residency of the parties, custody and visitation, and asks for an equitable division of assets and liabilities.
• Marital Settlement Agreement: The MSA is a contract voluntarily entered into between a husband and a wife establishing the terms and conditions of their divorce and resolving such matters as property division, debts, child custody, child support, visitation, debt, alimony, insurance, tax, and settlement of any property issues when they end their marriage to each other. Signed by both parties, the MSA is approved by a judge and incorporated into the final Divorce Decree.
• Schedule for Visitation/Parenting Time of Minor Children: This schedule shows the visitation and parenting routine for the noncustodial parent, including overnights and holidays.
• Supplemental Affidavit RE: Direct Payment of Child Support: A notarized agreement between the parties, this affidavit permits the noncustodial parent to pay support directly to the custodial parent and bypass the Child Support Enforcement Agency (CSEA).
• Simplified Child Support Guidelines Worksheet: This form will calculate child support in accordance with the Hawaii Child Support Guidelines based on the information provided by parents.
• Simplified Child Support Calculation Table: This one-page table shows the amount the payor must pay based on his or her income and the number of children being supported.
• Child Support Guidelines Worksheet for Joint Custody / Extensive Visitation: When the parents share joint custody and each parent has the child for an extensive period, this worksheet is used to show child support based on guidelines for this situation.
• Child Support Exceptional Circumstances Form: This form is used when the Total Child Support Obligation as calculated on Line 14 of the Child Support Guidelines Worksheet (CSGW) exceeds 70 percent of his or her net income, or when the payor supports additional children. This form is a request or a deviation from the normal child support.
• Child Support Guidelines - Income Table: This table shows the child support based on the incomes of the parents.
• Notice to Attend Kids First: The court may order the divorcing parents to attend a Kids First program, which is designed to help them understand the effects of separation and divorce on their children and to help children cope with changes in their families. Both parents must attend. Children (ages 6-17) of either Plaintiff or Defendant, from this and any other relationship who have lived with Plaintiff's and Defendant's current family must attend Kids First, unless excused by the court.
• Income and Expense Statement (Plaintiff): This statement, filed by the plaintiff, details his or her income and expenses.
• Income and Expense Statement (Defendant): This statement, filed by the defendant, details his or her income and expenses.
• Asset and Debt Statement (Plaintiff): This statement details the assets of the plaintiff, including cash, bank and saving accounts, securities, vehicles, real property, retirement plans, life insurance, as well as all outstanding debts.
• Asset and Debt Statement (Defendant): This statement details the assets of the defendant, including cash, bank and saving accounts, securities, vehicles, real property, retirement plans, life insurance, as well as all outstanding debts.
• Affidavit of Plaintiff: This affidavit states the fact of the case, including the grounds and the completion of necessary documents.
• Appearance and Waiver: The defendant uses this form to enter an appearance and waives notice of the final hearing and agrees to let the case proceed.
• Decree of Divorce: The decree ends the marriage and includes the division and distribution of property and any child related issues.