Can I file my family law case in Kauai?
You must file your family law case (divorce, separation, modification, child support action) in the proper circuit court.
The Hawaiian Islands are divided into separate circuits.
- First Circuit = Oahu
- Second Circuit = Maui, Lanai, and Molokai
- Third Circuit = Hawaii (Hilo and Kona divisions)
- Fifth Circuit = Kauai and Nihau
Divorce: you can file your divorce petition in the Fifth Circuit Court if you have been living on the island of Kauai for at least 3 months before filing your petition.
Parentage: you can file a parentage action in the Fifth Circuit Court if the child is residing in Kauai at the time of filing.
How much does it cost to file for divorce in Kauai?
The filing fee depends on whether you and your spouse have minor children. If you do, the filing fee is $265. If not, the filing fee is $215.
You will likely have to pay additional fees to serve your spouse with copies of the divorce paperwork. How much you'll need to pay for service depends primarily on whether your spouse will put up a fight in accepting the paperwork.
How do I file my family law documents in Kauai?
You can file your documents in 1 of 3 ways:
In-Person: You can file your documents in-person at the Kauai Judiciary Complex, Monday through Friday, 8:30 am – 4:30pm.
You may also hire a process server to file documents for you.
The Kauai Judiciary Complex physical address is 3970 Kaana Street, Lihue, Kauai, Hawaii 96766.
By Mail: You can file the documents via first-class or certified mail (certified mail is preferable, so you can get confirmation).
The court's mailing address is the same as its physical address.
Electronically: You can file documents electronically through the court's Judiciary Electronic Filing System (JEFS).
How do I schedule a family law motion in the Kauai Fifth Circuit Court?
You must file and schedule all family law motions through the clerk's office. The filing requirements and deadlines to serve the opposing party depend on the type of motion you want to file.
In general, you must provide the opposing party at least 5 days' notice before the scheduled hearing (or 20 days if the opposing party lives outside the state).
If you are the opposing party, you must file and serve your response no later than the day before the hearing, unless the court sets a different schedule.
You should consult the Hawaii Family Court Rules before filing any motion. The Rules apply in all four circuit courts.
Can I appear for court remotely in Kauai?
Yes. Sometimes, you need advance permission from the court to appear via Zoom.
What happens after your file for divorce in the Kauai Fifth Circuit Court?
In most cases, the first thing you'll need to do is serve the opposing party. Until you accomplish this step, your case doesn't even get off the ground.
Upon the filing of every new divorce case, the court imposes an automatic restraining order.
Per this restraining order, you and your spouse are prohibited from selling or transferring any community property or draining any joint bank accounts. This means, for example, you can't immediately withdraw $10,000 from your joint checking account to put down a deposit for an attorney.
As the name indicates, this order applies to every case filed, regardless of the facts.
If you have children, you will have to attend a program called Kids First, an independent program that educates families about the impact of divorce and separation on children and promotes peaceful co-parenting.
If you have children who are 6 to 17 years old, they will also need to attend.
When will my case get scheduled for trial?
Unlike criminal cases, the court doesn't schedule a case for trial at the outset of the case. In civil and family law cases, you need to request the court to set the case for trial.
To do this, you file a motion with the court and serve the opposing party (typically your spouse or your spouse's attorney). Before requesting a trial date, the court will want to know whether the parties have completed discovery and whether you have litigated all necessary pre-trial motions.
