STEP 2 GETTING THE DOCUMENTS TO YOUR SPOUSE: “SERVICE” OF THE
COMPLAINT AND SUMMONS AND FILE-STAMPING THE SERVICE
DOCUMENT
“Service” means getting a file-stamped copy of the “Complaint for Divorce; Automatic
Restraining Order; and Summons to Answer Complaint” and Notice to Attend Kids First,
if applicable, to your spouse (the Defendant) in the correct way. You must provide the
court with proof that your spouse was personally served with a file-stamped copy of the
“Complaint for Divorce; Automatic Restraining Order; and Summons to Answer Complaint”
before the Court can consider granting your divorce. (Note: If your spouse does not file
with the Court a written answer or response to the Complaint for Divorce and does not
contact you in any way within 20 days after receipt of the Complaint, see the Uncontested
Divorce by Default Section below.)
Proof that your spouse was properly served can be shown by file-stamping one or
more of the following:
1. APPEARANCE AND WAIVER: If you and your spouse (the Defendant) have agreed
to and signed the Divorce Decree, your spouse must sign an Appearance and
Waiver. By signing the Appearance and Waiver, your spouse is stating that he or she
has received a file-stamped copy of the “Complaint for Divorce; Automatic Restraining
Order; and Summons to Answer Complaint” and that he or she agrees that the Court
may grant the divorce without his or her presence in Court. (Note: The Appearance
and Waiver cannot be signed and dated before the Complaint is file-stamped by the
Court. If it is signed and dated before the Complaint was file-stamped, the Court will
require that your spouse sign another Appearance and Waiver which has been signed
and dated after the Complaint was file-stamped.)
2. PROOF OF SERVICE: If your spouse lives on O‘ahu the “Complaint for Divorce;
Automatic Restraining Order; and Summons to Answer Complaint” and Notice to
Attend Kids First, if applicable, must be personally served on your spouse unless he
or she is agreeing to sign the Divorce Decree and Appearance and Waiver. It cannot
be mailed, unless your spouse will sign the Divorce Decree and Appearance and
Waiver. The “Complaint for Divorce; Automatic Restraining Order; and Summons to
Answer Complaint” and Notice to Attend Kids First, if applicable, can be served by a
private process server (Note: A list of private process servers may be obtained at the
Family Court Service Center in Kapolei or Honolulu) or by any responsible person who
is over 18 years old other than yourself. After service is complete, the person who
served the “Complaint for Divorce; Automatic Restraining Order; and Summons to
Answer Complaint” and Notice to Attend Kids First, if applicable, on your spouse must
complete the Proof of Service form. Information regarding the date and time your
spouse was served and the place where your spouse was served must be filled in.
The person who served the “Complaint for Divorce; Automatic Restraining Order; and
Summons to Answer Complaint” must also sign the Proof of Service. (Note: If after
service of the “Complaint for Divorce; Automatic Restraining Order; and Summons to
FC Adm 8/30/18 Uncontested Divorce Without Minor and/or
Dependent Children Instructions
1F-P-1017
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