Can I file my family law case in Maui?
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 Second Circuit Court if you have been living in Maui for at least 3 months before filing your petition.
Parentage: you can file a parentage action in the Second Circuit Court if the child is residing in Maui at the time of filing.
How much does it cost to file for divorce in Maui?
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 Maui?
You can file your documents in 1 of 3 ways:
In-Person: You can file your documents in-person at the clerk's office, Monday through Friday, 7:45 am – 4:30 pm.
You may also hire a process server to file documents for you.
The physical address of the Second Circuit Court is Hoapili Hale, 2145 Main Street, Suite 106, Wailuku, Hawaii 96793-1679
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 (JFES).
How do I schedule a family law motion in the Maui Second 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 can schedule a motion on any day of the week in the Second Circuit Court, assuming you get advance court approval. If you are also seeking a protection order or a temporary restraining order, you will need to appear on Monday morning (if un-married) or Friday morning (if married).
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?
Yes. Sometimes, you need advance permission from the court to appear via Zoom.
