Hawaii Proof of Service

State:
Hawaii
Control #:
HI-SKU-0464
Format:
PDF
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Description

Proof of Service

Hawaii Proof of Service is a process that is used to officially demonstrate to the court that a particular document has been legally served to a person or entity. It is a way to prove that the document was delivered to the right party in the right way, so that the court can be assured that they have received it. The most common types of Hawaii Proof of Service include Personal Service, Waiver of Service, Service by Mail, and Service by Publication. In Personal Service, a process server delivers the document directly to the person or entity. Waiver of Service is when the person or entity receiving the document waives the right to the process server delivering it and accepts service of the document through another method, such as mail. Service by Mail means the documents are sent via regular mail and the recipient either signs and returns an acknowledgment of service or the process server obtains a signed receipt or certificate of service. Service by Publication is when the documents are published in a local newspaper, and the court is given proof of publication.

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FAQ

The court will issue a Writ of Possession a few hours to a few days after the landlord wins the case. This court order informs the tenant that they have to get out of their housing on the property or else they will be forcibly removed. The Writ of Possession is not given automatically.

You must complete the Motion and Declaration for Service by Mail, Order for Service by Mail and obtain the Court's approval before serving your spouse by mail. Failure to obtain the court's approval to mail, may cause a delay in the divorce being granted.

Once the divorce forms are filled out and filed, you must serve your spouse immediately.

It usually takes six to ten weeks after an Uncontested Divorce by Affidavit packet is submitted for judge's review, for the divorce to be final. The divorce is effective after the Divorce Decree has been approved and signed by the judge and the Divorce Decree has been filed-stamped by the court.

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.

The process is simple: first, complete an easy application. Second, pay the state fee and the service fee. Third, send the application package to the Health Department. Soon, you'll be receiving your divorce certificate by mail.

Hawaii is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case.

A divorce usually takes several months. If the couple disagrees on who will have custody of the child or children or how to divide their property, the case will take longer.

More info

Tells the court that you had legal papers in a civil case - other than a summons - delivered to (served on) the other party. Lists the papers that were served and tells who they were served on, where, when, and how they were served, and who served them.A person must be over 18 years of age to serve the documents. The person who served the documents must complete the Proof of Service. It is a written version of a sworn statement attesting to the completion of service of process. A person over 18 years of age must serve the documents. This document is "proof" to the Court of the "service" you completed for the document you are filing. You complete a Certificate of Service or Proof of Service form that describes how and when you served the papers. An affidavit (certificate) of service provides proof after documents have been delivered to a recipient. Form Approved for Optional Use.

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Hawaii Proof of Service