Free 2F-E-105AffidavitPlain - Hawaii

IN THE FAMILY COURT OF THE SECOND CIRCUIT
STATE OF HAWAI`I
______________________________________ Plaintiff, vs. ) ) ) ) ) ) ) ) ) ) FC-D No. ____________________________

AFFIDAVIT OF PLAINTIFF (Uncontested Divorce)

______________________________________ Defendant.

AFFIDAVIT OF PLAINTIFF STATE OF HAWAI`I COUNTY OF MAUI ) ) )

SS.

______________________________________________ , Plaintiff in above-entitled action, being first duly sworn on oath, deposes and says that: 1. Plaintiff's full name and address is:

2. Plaintiff is

[ ] [ ]

representing him/herself. represented by: (attorney's name and address)

3. Service of process on Defendant was effected by: [ ] personal service [ ] Certified or registered mail [ ] Publication

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AFFIDAVIT OF PLAINTIFF 2F-E-105

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4. This action may be heard in Family Court as an uncontested matter upon proof of service of the Complaint or Cross-complaint and summons. [ ] Return of Service [ ] Acknowledgment of Service was filed on _____________________ showing that Defendant was personally served by any person authorized to effect service of legal process with the Complaint and Summons on ________________ in _______________ , State of __________________ , and more than 20 days have passed. [ ] Certified or Registered Mail. A Statement of Mailing and the original receipt of the certified or registered mail issued at the time of mailing and a return receipt signed by the addressee which is attached to the statement of mailing was filed on _____________________________ . Plaintiff recognizes Defendant's signature on the return receipt. [ ] Appearance and Waiver. Defendant acknowledged receipt of a filed copy of the Complaint and Summons and signed an Appearance and waiver on ______________________________ . Plaintiff recognizes Defendant's signature on the Appearance and waiver. [ ] Publication. The Affidavit of Publication was filed on ____________________________ . [ ] Default. No responsive pleading has been filed. AND [ ] No contact or communication about this case was received by Plaintiff or Plaintiff's attorney from Defendant or Defendant's attorney after the filing of the complaint and the Court should summarily enter judgment by default based on the file and records. [ ] Contact or communication about this case was received by Plaintiff or Plaintiff's attorney from Defendant or Defendant's attorney and Plaintiff has filed a Motion for Default which includes a statement under penalty of perjury regarding the substance of the contact or communication. 5. Plaintiff has resided/domiciled/military assignment in the County of Maui for ______________ months/years and in the State of Hawai`i for ____________ months/years immediately prior to filing of Divorce Complaint. 6. Defendant resides in___________________________________________________________ . 7. The parties were married in ______________________________________________________ ___________________________________________________________________________ . 8. The parties separated in _________________________________________________________ ___________________________________________________________________________ . 9. Child/ren: A. There is/are _______ child/ren born to the parties and the child/ren's complete name(s) and birthdate(s) is/are listed as follows from oldest to youngest child including adult child/ren: NAME DOB

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AFFIDAVIT OF PLAINTIFF 2F-E-105

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B. There [ ] is/are [ ] is not/are not other child/ren conceived or born to the wife during the marriage fathered by another person/other persons. If there is/are other child/ren fathered by another party, [ ] The name(s) and date(s) of birth of said child(ren) is/are as follows: NAME DOB

[ C. [

] A judgment of paternity [ ] Plaintiff-wife [

] has/have [

] has not/have not been entered. ] is not currently pregnant.

] Defendant-wife [

] is [

D. Plaintiff believes that the information provided in the completed Child Support Guidelines worksheet is accurate, to the best of Plaintiff's knowledge. E. Plaintiff agrees to the custody arrangement and child support amounts as provided in the proposed divorce decree. F. [ ] Proposed child support is consistent with the Child Support Guidelines. [ ] Proposed child support is not consistent with the Child Support Guidelines because:

10. Plaintiff believes that the marriage is irretrievably broken because:

11. Financial Statement: A. The Income and Expense and Asset and Debt Statements, signed by Plaintiff on accurately reflect Plaintiff's income and expenses and assets and debts as the date signed, to the best of Plaintiff's knowledge and there have been no substantial changes in Plaintiff's financial circumstances since that date. B. Plaintiff recognizes Defendant's signature on Defendant's Income and Expense and Asset and Debt Statements, signed by Defendant on ___________________ .
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12. Plaintiff has carefully reviewed the proposed decree and agrees to the alimony, division of of property and other provisions as provided in the proposed decree. [ ] There are no substantial deviations from the marital partnership principles regarding property division. [ ] The reason for substantial deviations from the marital partnership principles is as follows:

13. Plaintiff signed the proposed decree and recognizes Defendant's signature on the decree. 14 [ ] plaintiff - wife [ ] Defendant - wife wishes to [ ] resume her [ ] maiden [ ] former surname and wishes to be known as: [ ] wishes to retain her present surname.

15. [ ] Plaintiff fully understands the English language. [ ] Although Plaintiff does not fully comprehend 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 (after my attorney typed it) and signs it voluntarily and without coercion and duress (and not because he/she was told to sign it.) 18. 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 the best of Plaintiff's knowledge and behalf. Further Affiant sayeth naught.

Signature of Plaintiff Subscribed and sworn to before me on this _______ day of ___________ , 20 ____ . _____________________________________ Notary Public, State of Hawai`i My commission expires: __________________
In accordance with the Americans with Disabilities Act and other applicable state and federal laws, if you require a reasonable accommodation for a disability, please contact the ADA Coordinator at the Family Court Administration Office at PHONE NO. 244-2700, FAX 244-2704, OR TTY 244-2865 at least ten (10) working days prior to your hearing or appointment date.
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