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INSTRUCTIONS UNCONTESTED DIVORCE PACKET WITH CHILDREN (for the Island of Kauai) WHO CAN FILE FOR DIVORCE? In order to file a divorce action in the Family Court of the Fifth Circuit (on Kauai), you
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YOU WILL NOT BE DISMISSAL DUE TO PRIOR CAUSE OF ACTION! Your divorce complaint must be filed within 30 days of the date that your child reaches the age of majority (18 years old) or within 2 years of the date that you separated(from your spouse) and at least 13 months after the date of separation(from your spouse). If you do not meet this required residency on Kauai, then you will be required to file a lawsuit within 90 days of your child turning 18 years old, with a Proof of Service to your residence. The filing fee is 50 for a Non-Resident Divorce and 25 for a Resident Divorce and the filing is on your behalf(through the clerk of the court on your behalf) and you will appear and answer questions before the judge. If the court allows you to file, you will be listed at the bottom as an Unavailable Plaintiff. For more information, click here. HOW YOU CAN FILE IN THE FAMILY COURT OF THE FIVE TH CIRCUIT (Kauai) FOR AN OLDER CHILD OR UNEXPECTED PERSON. You, your spouse, or a person you have a legal duty to represent, may file for divorce in the Family Court of the Nineteenth Circuit (on the island of Kauai) by completing a Petition for Dissolution of Marriage (Form CHAPTER 20), Filing Fee (Form CHAPTER 20) or by completing a “Petition for Dissolution of Marriage” (Form CHAPTER 20). A Petition for Dissolution of Marriage shall be completed on or before the date it is due from the county court clerk. The Petition shall set forth all the matters to be considered in making your divorce action. This Petition shall set forth in detail the parties' respective positions at the beginning of the Petition for Dissolution (Form CHAPTER 20) so that the parties may agree on the provisions the family court will consider for determining the issues involved. For more information regarding the Petition for Divorce, click here. You are encouraged to also have attorneys or mediators review the Petition in order to avoid unnecessary delays. Your signature on the Petition must be verified in the same manner where the Petition for Divorce was signed. For more information regarding the Petition for Dissolution of Marriage, click here.