Complaint For Divorce Automatic Restraining Order Summons {1F-P-2039}

STATE OF HAWAI221ICOMPLAINT FOR DIVORCE;CASE NUMBERFAMILY COURTAUTOMATIC RESTRAINING ORDER;FC-D No.FIRST CIRCUITAND SUMMONS TO ANSWER COMPLAINT[]AND EXHIBIT AThis document is prepared by:~Attorney for~PlaintiffName(Your Full Name)PLAINTIFFv.AddressCity, State, Zip Code(Your Spouse222s Full Name)DEFENDANTTelephone NumbersI, the Plaintiff, in support of this Complaint for Divorce, allege:1.Jurisdiction[]a.I have lived or been physically present in the State of Hawai221i since (date)and have lived or been physically present on the island of O221ahu sincewith the intention of remaining indefinitely. My spouse has lived in the State of Hawai221i since and on the island of O221ahu since.[]b.I am residing on a military or federal base, installation, or reservation within the State of Hawai221i or am in the State of Hawai221i under military orders. HRS 247580-1(a).[]c.My resident state does not recognize same sex marriage. HRS 247580-1(a). 2.Marriage: The parties (Plaintiff and Defendant) are lawfully married to each other.3.Child(ren):[]a.The parties have no child(ren) together.[]b.The parties have (how many) child(ren) under age 18 together.[]c.The parties have (how many) child(ren) age 18 or older together,who are dependent on them them for support.[]d.The parties have (how many) child(ren) age 18 or older together who are not dependent on them for support.[]e.Plaintiff has (how many) child(ren) born during the marriage forwhom Defendant is not the biological parent.[]f.Defendant has (how many) child(ren) born during the marriage forwhom Plaintiff is not the biological parent.[]g.Plaintiff is pregnant[]and Defendant is not the biological parent.[]h.Defendant is pregnant[]and Plaintiff is not the biological parent.COURT USE ONLYFC Adm 8/3/18PAGE 1 OF 5 PAGESCOMPLAINT FOR DIVORCE; AUTOMATIC RESTRAINING ORDER;AND SUMMONS 1F-P-2039 American LegalNet, Inc. www.FormsWorkFlow.com STATE OF HAWAI221ICASE NUMBERFAMILY COURTCOMPLAINT FOR DIVORCEFC-D No.FIRST CIRCUIT4.Custody and Visitation:a.Legal custody of the minor child(ren) should be awarded to:[]Me, Plaintiff.[]My spouse, Defendant. []Both parties jointly.b.Physical custody of the minor child(ren) should be awarded to:[]Me, Plaintiff.[]My spouse, Defendant.[]Both parties jointly.c.The parent not awarded physical custody should have:[]Reasonable visitation[]Supervised visitation[]d.Child Support should be awarded in accordance to the Child Support Guidelines.5.Division of Assets: All assets the Defendant and I own should be divided in a just and equitable way.6.Division of Debts: All debts the Defendant and I owe should be divided in a just and equitable way.7.Spousal Support (Alimony):[]a.I am entitled to an order that the Defendant pay spousal support (alimony) to me.[]b.The Defendant []is []is not entitled to an order that I pay spousal support (alimony) tohim/her.8.Grounds: Pursuant to HRS section 580-41, I alleged that the following grounds for divorce are asfollows: (check one only)[]a.The marriage is irretrievably broken.[]b.The parties have lived separate and apart under a decree of separation from bed and board,entered by a court of competent jurisdiction, the term of separation has expired, and noreconciliation has been effected.[]c.The parties have lived separate and apart for a period of two years or more under a decreeof separate maintenance entered by a court of competent jurisdiction and no reconciliation hasbeen effected.[]d.The parties have lived separate and apart for a continuous period of two years or moreimmediately preceding the application, there is no likelihood that cohabitation will be resumed,and in the particular circumstances of the case, it would not be harsh and oppressive to the Defendant or contrary to public interest to grant a divorce on this ground of the Complaint of the Plaintiff.It is requested of the Court that a decree be entered granting a divorce from the bonds ofmatrimony and granting the relief requested above, all as alleged and as may be appropriate and inaccordance with the evidence and the law, and other relief as the Court deems proper in this case.I declare, under penalty of perjury, that the statements made herein are true and correct to thebest of my knowledge, information, and belief.DATE PLAINTIFF222S SIGNATUREFC Adm 8/3/18PAGE 2 OF 5 PAGESCOMPLAINT FOR DIVORCE 1F-P-163 In accordance with the Americans with Disabilities Act, as amended, and other applicable state and federal laws, if you requireaccommodation for a disability, please contact the ADA Coordinator at the First Circuit Family Court office by telephone at954-8200, fax 954-8308, or via email at adarequest@courts.hawaii.gov at least ten (10) working days prior to your hearingor appointment date.Please call the Family Court Service Center at 954-8290 if you have any questions about forms or procedures. American LegalNet, Inc. www.FormsWorkFlow.com STATE OF HAWAI221ICASE NUMBERFAMILY COURTAUTOMATIC RESTRAINING ORDERFC-D No.FIRST CIRCUITThis document is prepared by:~Attorney for~PlaintiffName(Your Full Name)PLAINTIFFv.AddressCity, State, Zip Code(Your Spouse222s Full Name)DEFENDANTTelephone Numbers AUTOMATIC RESTRAINING ORDER Pursuant to Act 213 of the 2018 Legislative Session, effective July 1, 2018, and section 571-53, Hawai221i Revised Statutes (HRS), IT IS HEREBY ORDERED that: (1)Each party to a Complaint for annulment, divorce, or separation, shall automatically besubject to a restraining order that shall be effective on the Plaintiff upon the filing ofthe Complaint and this Order, and shall be effective on the Defendant upon serviceof the Summons and Complaint or any other acceptance of service by theDefendant. (2)Neither party shall sell, transfer, encumber, conceal, assign, remove, or in any waydispose of any property, real or personal, belonging to or acquired by either party, exceptas:(a)Required for reasonable living expenses;(b)Occurring in the ordinary and usual course of business;(c)Required for payment of reasonable attorney222s fees and costs in connection with theaction;(d)Occurring pursuant to a written agreement of both parties; or(e)Required by order of the court;(3)Neither party shall incur any further debts that would burden the credit of the other party,including but not limited to further borrowing against any credit line secured by the maritalresidence or unreasonably using credit cards or cash advances against credit or bankcards; provided that this paragraph shall not apply to reasonable amounts of debtnecessary for living and business expenses, including child educational expenses andFC Adm 8/3/18PAGE 3 OF 5 PAGESAUTOMATIC RESTRAINING ORDER1F-P-2040 American LegalNet, Inc. www.FormsWorkFlow.com STATE OF HAWAI221ICASE NUMBERFAMILY COURTAUTOMATIC RESTRAINING ORDERFC-D No.FIRST CIRCUITreasonable litigation fees and costs for the pending action;(4)Neither party shall directly or indirectly change the beneficiary of any life insurance policy,pension or retirement plan, or pension or retirement investment account, except with thewritten consent of the other party or by order of the court;(5)Neither party shall directly or indirectly cause the other party or a minor child to beremoved from coverage under an existing insurance policy, including medical, dental, life,automobile, and disability insurance. The parties shall maintain all insurance coveragein full force and effect; and(6)Neither party shall remove a minor child of the parties from the island of that child'scurrent residence nor remove a minor child of the parties from the school that child iscurrently attending.(7)This Automatic Restraining Order shall remain in effect during the pendency of theaction, unless it is modified by agreement of the parties, or by further order of the court.(8)The language of the Automatic Restraining Order shall be consistent with Act 213of the 2018 Legislative Session; if not, the Complaint for Divorce, AutomaticRestraining Order; and Summons to Answer Complaint document shall bereviewed, corrected, modified, or replaced and signed by the Court before beingresubmitted for filing by the Clerk of the Court. An Automatic Restraining Orderthat is inconsistent with Act 213 of the 2