Overview
The Divorce Decree form in Hawaii, specifically designated as 1F-P-096, serves as a critical legal document for couples seeking to formalize the dissolution of their marriage without children. This form outlines the essential details of the divorce proceedings, including the names and addresses of both parties, the case number, and the presiding judge's information. It establishes that a hearing has taken place or an affidavit has been submitted, thereby affirming the court's jurisdiction. The decree explicitly states that the marriage bonds are dissolved, restoring both parties to single status and allowing them to remarry post-approval. Key components of the form include provisions for alimony, division of assets such as bank accounts, vehicles, real property, life insurance, and retirement accounts, as well as the handling of any outstanding debts. Additionally, it addresses potential name changes for either party after the divorce. By clearly delineating the rights and responsibilities of each spouse, this form aims to facilitate a smooth transition into post-marital life.
Document Preview Example
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DIVORCE DECREE 1F-P-096
STATE OF HAWAI‘I
FAMILY COURT
FIRST CIRCUIT
DIVORCE DECREE
(WITHOUT CHILDREN)
CASE NUMBER
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This document is prepared by |
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❑ Plaintiff ❑ Defendant ❑ Atty. for Plaintiff ❑ Atty. for Defendant |
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PLAINTIFF |
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(Full Name) |
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Name |
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_________________________________________________ |
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VS. |
_________________________________________________ |
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Address |
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_________________________________________________ |
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City, State, Zip |
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DEFENDANT |
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_________________________________________________ |
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(Full Name) |
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Phone |
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Presiding Judge |
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Date of Hearing |
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A hearing was held before the Presiding Judge or an affidavit was submitted and the Court waived hearing on this matter. After full consideration of the evidence, the Court finds the material allegations of the Complaint for Divorce to be true. Plaintiff is entitled to a divorce from the bonds of matrimony. The Court has jurisdiction to enter this Divorce Decree. In this Divorce Decree, Plaintiff is referred to as ❑ Husband ❑ Wife, and Defendant is referred to as ❑ Husband ❑ Wife.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
1.Decree: A decree of divorce is granted to ❑Husband ❑Wife. The bonds of matrimony between Husband and Wife are hereby dissolved. The parties are restored to the status of single persons. Either party is permitted to marry after the effective date of this Divorce Decree.
2.Effective Date: This Divorce Decree is effective after it is signed and filed by the Court.
3.Alimony:
❑ 3A. Neither party shall be required to pay alimony to the other party.
❑ 3B. Beginning with a first payment on the _____ day of |
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❑Husband ❑ Wife shall pay to ❑ Husband ❑ Wife alimony of $________________ per month, to be paid
❑in one amount of $___________by the _____ day of each month.
❑in two equal installments of $___________ by the _____ and _______ days of each month.
Alimony shall continue for ____ months and terminate with the payment due
Alimony shall terminate upon the death of either Husband or Wife.
Alimony ❑ shall ❑ shall not terminate upon the recipient’s remarriage.
The foregoing shall be subject to the further order of the Family Court.
4.Bank Savings, Checking, Credit Union Accounts and Securities (Stocks, Bonds, Mutual Funds, etc.):
❑4A. There are none.
❑4B. Each is awarded those titled in their name alone.
❑4C. Husband is awarded: ____________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
________________________________________________________________ .
❑4D. Wife is awarded: _______________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
________________________________________________________________ .
FORM NO. 073106 12/97 |
(Page 1) |
5.Vehicles (Autos, Trucks, Motorcycles, Trailers, Campers, Boats, etc.):
❑5A. There are none.
❑5B. Each party is awarded the vehicles titled in their name alone.
❑5C. Husband is awarded: _____________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
____________________________________________________________________________________________ .
❑5D. Wife is awarded: ________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
____________________________________________________________________________________________ .
Necessary transfer documents shall be signed no later than ten days following the filing of this Divorce Decree. If either party fails to do so, then the Director of Finance of the City and County of Honolulu is authorized and directed to transfer the ownership of vehicle(s) if requested to do so.
6.Real Property:
❑6A. Neither party owns any interest of any kind in any real property.
❑6B. The real property shall be divided as follows: _________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
____________________________________________________________________________________________ .
7.Life Insurance:
❑7A. There is none.
❑7B. Each party is awarded the life insurance policy(ies) now held on their life, together with any cash value therein and subject to any debt thereon.
❑7C. The life insurance shall be divided as follows: _________________________________________________________
_____________________________________________________________________________________________
____________________________________________________________________________________________ .
8.Retirement Accounts:
❑8A. There are none.
❑8B. Each party shall keep their own.
❑8C. The retirement accounts of the parties shall be divided as follows: _________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
____________________________________________________________________________________________ .
9.All Other Assets (Personal Belongings, Furniture, Household Effects, Art, Stamps, Coins, Tools, Equipment, Jewelry, Accounts Receivable, Investment Assets, Business Assets, Cemetary Plots or Niches, Tax Refunds Due, etc.):
❑9A. Each party is awarded the personal belongings and the household effects in their possession.
❑9B. Husband is awarded: _____________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
____________________________________________________________________________________________ .
❑9C. Wife is awarded: ________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
____________________________________________________________________________________________ .
FORM NO. 073106 4/98 |
(Page 2) |
DIVORCE DECREE |
10.All Outstanding Debts:
❑10A. Each party shall pay all of the credit card and other debt, if any, now in their name alone.
❑10B. There are no joint debts.
❑10C. Husband shall pay: ______________________________________________________________________________
_____________________________________________________________________________________________
____________________________________________________________________________________________ .
❑10D. Wife shall pay: _________________________________________________________________________________
_____________________________________________________________________________________________
____________________________________________________________________________________________ .
11.Name Change:
❑11A. Wife shall resume the use of her ❑ birth surname ❑ former married name and shall be known hereafter as
(first, middle, last name) |
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❑11B. Husband shall resume the use of his ❑ birth surname ❑ former married name and shall be known hereafter as
(first, middle, last name) |
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12. Other:
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Judge |
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APPROVED AS TO FORM AND CONTENT: |
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__________________________________________ |
X __________________________________________ |
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Signature of Plaintiff |
Signature of Defendant |
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SS#: ______________________________________ |
SS# ______________________________________ |
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Address: ___________________________________ |
Address: __________________________________ |
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__________________________________________ |
__________________________________________ |
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Date Plaintiff Signed Decree: ___________________ |
Date Defendant Signed Decree: ________________ |
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APPROVED AS TO FORM: |
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X |
__________________________________________ |
X __________________________________________ |
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Signature of Attorney for Plaintiff |
Signature of Attorney for Defendant |
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Name: _____________________________________ |
Name: ____________________________________ |
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FORM NO. 073106 4/98 |
(Page 3) |
DIVORCE DECREE |
How to Fill Out Divorce Decree Hawaii
Completing the Divorce Decree form in Hawaii is an important step in finalizing your divorce. This form outlines the terms of your divorce, including asset division, alimony, and any name changes. It is essential to fill it out accurately to ensure that the court can process your divorce without delays.
- Identify Yourself: Indicate whether you are the Plaintiff, Defendant, or an attorney for either party by checking the appropriate box at the top of the form.
- Fill in the Case Number: Write the case number assigned to your divorce case in the designated space.
- Provide Full Names: Enter the full names of both the Plaintiff and Defendant in the spaces provided.
- Enter Addresses: Fill in the addresses for both parties, including city, state, and zip code.
- Phone Number: Include a phone number for the Defendant, if applicable.
- Presiding Judge: Write the name of the presiding judge and the date of the hearing.
- Decree Section: Indicate who is being granted the divorce by checking the appropriate box for Husband or Wife.
- Effective Date: Acknowledge that the Divorce Decree becomes effective once signed and filed by the court.
- Alimony: Specify if alimony will be paid or if neither party is required to pay. If applicable, fill in the payment details, including amounts and duration.
- Bank Accounts and Securities: Indicate whether there are any accounts or securities, and specify who is awarded what if applicable.
- Vehicles: State whether there are any vehicles to be divided and detail who is awarded which vehicles.
- Real Property: Indicate ownership of any real property and how it will be divided, if applicable.
- Life Insurance: Specify whether there are any life insurance policies and how they will be divided.
- Retirement Accounts: Indicate the status of retirement accounts and how they will be divided, if necessary.
- Outstanding Debts: Specify how debts will be divided between the parties.
- Name Change: If applicable, indicate if either party will resume their birth surname or former married name.
- Signatures: Ensure that both parties sign the document where indicated, including the date of signing.
- Attorney Approval: If applicable, have the attorneys for both parties sign and provide their names.
After completing the form, review all entries for accuracy. Once everything is correct, submit the form to the Family Court for processing. Timely submission is crucial to avoid delays in your divorce proceedings.
Common mistakes
Filling out the Divorce Decree form in Hawaii can be a straightforward process, but many people make common mistakes that can lead to delays or complications. One frequent error is not providing complete names. It's essential to fill in the full legal names of both the plaintiff and defendant. Missing or incorrect names can cause confusion and may even result in the court rejecting the decree.
Another mistake is neglecting to check the appropriate boxes. The form includes several options, such as designating who is the husband or wife. Failing to mark these boxes can lead to misunderstandings about the roles of each party in the divorce. Make sure to carefully review each section and check all relevant boxes.
People often forget to include the effective date of the divorce. The decree becomes effective only after it is signed and filed by the court. Without this date, the decree may not be enforceable, which could complicate matters like remarriage or financial obligations.
Many individuals also overlook the alimony section. It’s crucial to specify whether alimony will be paid, how much, and for how long. Leaving this section blank or unclear can lead to disputes later on. If alimony is not applicable, ensure that the appropriate box is checked.
Another common issue arises with the division of assets. Some individuals fail to list all assets or debts accurately. It’s important to be thorough when detailing bank accounts, vehicles, and other property. Missing information can lead to future legal issues or financial losses.
People sometimes make errors in the section regarding name changes. If either party wishes to change their name after the divorce, they must specify their new name clearly. Ambiguities can lead to complications in legal documents and identification.
Additionally, it’s not uncommon for individuals to forget to sign the document. Both parties must sign the decree for it to be valid. If signatures are missing, the court may not process the decree, leading to unnecessary delays.
Failing to provide correct addresses is another mistake. The form requires current addresses for both parties. Incorrect or outdated addresses can complicate communication and may affect legal notifications.
Lastly, some people do not keep copies of the completed form. It's wise to make copies for personal records. This way, both parties have access to the same information, which can help prevent misunderstandings in the future.
By avoiding these common mistakes, individuals can help ensure a smoother divorce process in Hawaii. Taking the time to carefully complete the Divorce Decree form can save time and reduce stress during an already challenging time.
Documents used along the form
When navigating a divorce in Hawaii, several important documents often accompany the Divorce Decree. Each serves a specific purpose in the legal process, ensuring that all aspects of the divorce are addressed comprehensively. Below is a list of commonly used forms and documents that you may encounter.
- Complaint for Divorce: This is the initial document filed by the Plaintiff to initiate the divorce proceedings. It outlines the reasons for the divorce and the relief sought.
- Summons: This document is served to the Defendant, informing them of the divorce action and requiring their response within a specific timeframe.
- Financial Disclosure Statement: Both parties may be required to complete this form, detailing their financial situation, including income, assets, and debts. It helps the court make informed decisions regarding alimony and asset division.
- Marital Settlement Agreement: If both parties reach an agreement on the terms of the divorce, this document outlines the agreed-upon terms, including property division, alimony, and any other relevant issues.
- RV Bill of Sale: To officially document the transaction for the sale of a recreational vehicle, you can utilize the billofsaleforvehicles.com/editable-texas-rv-bill-of-sale form, which outlines all necessary details for both the buyer and seller.
- Child Support Guidelines Worksheet: If children are involved, this worksheet calculates the appropriate amount of child support based on income and custody arrangements.
- Notice of Entry of Judgment: After the Divorce Decree is signed, this document is filed to officially notify both parties that the divorce has been finalized.
- Name Change Order: If either party wishes to change their name after the divorce, this document formalizes the request and outlines the new name to be used.
Understanding these documents can help ease the divorce process. Each plays a vital role in ensuring that the divorce is handled fairly and legally. Always consider seeking professional legal guidance to navigate these forms effectively.
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Obtain Answers on Divorce Decree Hawaii
What is a Divorce Decree in Hawaii?
A Divorce Decree in Hawaii is a legal document issued by the Family Court that officially ends a marriage. It outlines the terms of the divorce, including the division of assets, alimony, and any other relevant agreements between the parties. Once signed and filed by the court, it restores both parties to single status, allowing them to remarry if they choose.
How do I obtain a Divorce Decree in Hawaii?
To obtain a Divorce Decree, you must first file a Complaint for Divorce with the Family Court in your circuit. If you and your spouse do not have children, you can proceed with a simplified process. After filing, a hearing may be scheduled, or you may submit an affidavit to waive the hearing. The court will then review your case and issue the Divorce Decree if all requirements are met.
What information is included in the Divorce Decree form?
The Divorce Decree form includes several key sections, such as:
- Names and addresses of both parties
- Details about alimony, if applicable
- Division of assets, including bank accounts, vehicles, and real property
- Outstanding debts and responsibilities for payments
- Any name changes for either party
Each section allows the parties to specify how they wish to divide their assets and responsibilities, ensuring clarity in the divorce agreement.
Can I change my name after the divorce?
Yes, the Divorce Decree allows for name changes. If the wife wishes to return to her maiden name or a former married name, she can request this in the decree. Similarly, the husband can also request a name change. This information will be documented in the decree, making it official.
What happens if either party fails to comply with the Divorce Decree?
If either party does not comply with the terms set forth in the Divorce Decree, the other party may seek enforcement through the Family Court. This could involve filing a motion to compel compliance or seeking modifications to the decree if circumstances have changed. It’s important to adhere to the terms outlined in the decree to avoid legal complications.
Document Attributes
| Fact Name | Fact Description |
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| Governing Law | The Divorce Decree in Hawaii is governed by the Hawaii Revised Statutes, specifically Chapter 580, which outlines the laws regarding divorce and family law. |
| Form Purpose | This form is used to officially document the finalization of a divorce without children, confirming that the marriage has been legally dissolved. |
| Effective Date | The Divorce Decree becomes effective once it is signed and filed by the Court, allowing both parties to remarry after that date. |
| Alimony Provisions | The form includes options for alimony, allowing the court to order payments from one spouse to another, or to state that no alimony is required. |
| Asset Division | The Divorce Decree addresses the division of assets, including bank accounts, vehicles, real property, and other belongings, specifying who receives what. |
| Name Change | The form provides options for either spouse to resume their birth surname or former married name, formalizing any desired name changes post-divorce. |
Misconceptions
Understanding the Divorce Decree Hawaii form is crucial for anyone navigating the divorce process in Hawaii. However, several misconceptions can lead to confusion and complications. Here are eight common misconceptions:
- Divorce Decree Automatically Ends All Financial Obligations: Many believe that once the Divorce Decree is signed, all financial responsibilities are nullified. In reality, obligations such as alimony or debt payments can persist beyond the decree.
- Children's Custody is Addressed in the Divorce Decree: Some assume that the Divorce Decree will cover child custody arrangements. However, this form specifically pertains to divorces without children, and separate arrangements must be made for custody and support.
- Alimony is Always Granted: A common belief is that alimony is automatically awarded in every divorce. In Hawaii, it is not guaranteed; it depends on various factors, and the form allows for the possibility of no alimony.
- Filing the Decree is Sufficient for Finalization: Many think that simply filing the Divorce Decree finalizes the divorce. However, it must be signed by the court to be effective, and parties should ensure all conditions are met.
- Property Division is Always Equal: Some individuals expect an equal division of property. The Divorce Decree allows for various arrangements based on individual circumstances, and what is deemed fair may not always mean equal.
- Signing the Decree Means You Cannot Change Your Mind: People often believe that once the Divorce Decree is signed, it cannot be modified. However, under certain circumstances, modifications can be requested through the court.
- Legal Representation is Not Necessary: A misconception exists that individuals can navigate the divorce process without legal help. While it is possible, having an attorney can provide guidance and ensure that rights are protected.
- The Divorce Decree is the Final Step: Many think that the Divorce Decree marks the end of the divorce process. In reality, there may be additional steps, such as transferring property titles or addressing unresolved debts.
It is essential to understand these misconceptions to navigate the divorce process effectively. Seeking legal advice can help clarify any uncertainties and ensure that all aspects of the divorce are handled appropriately.
Key takeaways
Filling out and using the Divorce Decree form in Hawaii requires careful attention to detail. Here are some key takeaways to consider:
- The form is used to finalize a divorce without children, which simplifies the process.
- Both parties must provide their full names and addresses, ensuring accurate identification.
- A hearing may be necessary, or an affidavit can be submitted to waive the hearing requirement.
- Once the court signs and files the decree, it becomes effective immediately.
- Alimony can be ordered, and the form allows for specifying payment amounts and duration.
- Parties must disclose all assets, including bank accounts, vehicles, and real property, even if they believe there are none.
- Each party can retain assets titled in their name, which can simplify the division process.
- Outstanding debts should also be addressed, with each party responsible for debts in their name alone.
- There is an option for name changes, allowing either party to revert to their birth or former married name.
- It is crucial to sign and date the document in the appropriate sections to validate the decree.