Chapter 580 — Chapter 580

PART I. GENERAL PROVISIONS §580-1 Jurisdiction; hearing. (a) Exclusive original jurisdiction in matters of annulment and separation, subject to section 603-37 as to change of venue, and subject also to appeal according to law, is conferred upon the family court of the circuit in …

§580-10 Restraining orders; appointment of master. (a) When a complaint for annulment, divorce, or separation is filed in this State, on an application by either party, supported by affidavit or a statement made under penalty of perjury, the court, without a hearing, shall: (b) I…

§580-11 Care, custody, education, and maintenance of children pendente lite. During the pendency of any action for divorce or separation the court may make such orders concerning the care, custody, education, and maintenance of the minor children of the parties to the action as l…

§580-12 Sequestration of property. All property within the State of a party to a matrimonial action may by order of the court be sequestered and applied to the payment of any allowance in such action by the court for the support and maintenance of either spouse or for the support…

§580-13 Security and enforcement of maintenance and alimony. Whenever the court makes an order or decree requiring a spouse to provide for the care, maintenance, and education of children, or for an allowance to the other spouse, the court may require the person subject to such o…

§580-14 Renumbered as §571-52.1. L 1968, c 33, §2.

§580-15 County attorneys to represent court. The county attorneys of Maui and Kauai and the corporation counsels of the city and county of Honolulu and the county of Hawaii, within their respective counties, shall, when and to the extent authorized by their respective county gove…

§580-2 Commencement of action; summons. An action for annulment, divorce, or separation is commenced by filing a complaint with the court, which complaint shall be signed and sworn to by the applicant and shall set forth sufficient facts to constitute a claim for relief. Upon the…

PART II. ANNULMENT §580-21 Grounds for annulment. The family court, by a decree of nullity, may declare void the marriage contract for any of the following causes, existing at the time of the marriage:

§580-22 Nonage. An action to annul a marriage on the ground that one of the parties was under legal age, may be brought by the parent or guardian entitled to the custody of the minor, or by any person admitted by the court to prosecute as the friend of the minor. In no case shall…

§580-23 Former spouse living. A marriage may be declared null on the ground that one of the parties has an undivorced spouse living, on the application of either of the parties during the lifetime of the other, or on the application of the former spouse. [CC 1859, §1315; RL 1925,…

§580-24 Allowance for spouse and family. Every person who is deceived into contracting an illegal marriage with a person having another spouse living, under the belief that the person was unmarried, may be entitled to a just allowance for the support of the deceived spouse and fa…

§580-25 Inheritance by children. The children of such illegal marriage shall be entitled to succeed in the same manner as legitimate children, to all the real and personal estate of both parents in the State. [CC 1859, §1317; RL 1925, §2959; RL 1935, §4454; RL 1945, §12205; RL 19…

§580-26 Lack of mental capacity. The marriage of a person who lacked the mental capacity to consent to the marriage may be annulled on the application of either party, or on the application of a guardian of the party who lacked capacity; provided that no sentence of nullity shall…

§580-27 Legitimacy in case of annulment. Upon the annulment of a marriage on account of nonage, lack of mental capacity of either party to consent to the marriage, or of a marriage that is prohibited on account of consanguinity between the parties, or for any other ground specifi…

§580-28 Physical incapacity. An action to annul the marriage on the ground of physical incapacity of one of the parties at the time of marriage, shall only be maintained by the injured party, against the party whose incapacity is alleged, and shall in all cases be brought within …

§580-29 No annulment solely on confessions. No sentence of nullity of marriage shall be pronounced solely on the declarations or confessions of the parties. The court shall, in all cases, require other satisfactory evidence of the facts on which the allegation of nullity is found…

§580-3 Service. (a) The complaint for annulment, divorce, or separation, and the summons shall be served by an authorized process server on the defendant personally if the defendant is within the State, unless the defendant enters an appearance in the case, and except as hereinaf…

§580-3.5 Personal judgment against absent defendant. In any proceeding in the family court, the court may render a personal judgment against a party who is outside of this State and over whom jurisdiction is acquired by service of process in the manner set forth in section 580-3(…

§580-4 Cross-complaint. In any action for annulment, divorce, or separation, a cross-complaint for annulment, divorce, or separation may be filed and affirmative relief granted thereon as fully and effectually as on an original complaint. The cross-complaint shall be signed and s…

PART III. DIVORCE §580-41 Divorce. The family court shall decree a divorce from the bond of matrimony upon the application of either party when the court finds:

§580-41.5 Battered spouses; exemption from mediation in divorce proceedings. (a) In contested divorce proceedings where there are allegations of spousal abuse, the court shall not require a party alleging the spousal abuse to participate in any component of any mediation program …

§580-42 [OLD] REPEALED. L 1972, c 11, §2. §580-42 Irretrievable breakdown. (a) If both of the parties by complaint or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or one of the parties has so stated and the other has not denied it, th…

§580-43 REPEALED. L 1972, c 11, §5.

§580-44 Persons affected with Hansen's disease represented by attorney general. Upon application of the director of health, the attorney general or the attorney general's deputies shall represent any person affected with Hansen's disease detained at any hospital, settlement, or p…

§580-45 Decree. If after a full hearing, the court is of opinion that a divorce ought to be granted from the bonds of matrimony a decree shall be signed, filed and entered, which shall take effect from and after such time as may be fixed by the court in the decree. The court, in …

§580-46 Final judgment; nunc pro tunc entry; validation of certain marriages. Whenever either party to a divorce action is entitled to a final decree dissolving the bonds of matrimony, but by mistake, negligence, or inadvertence the final decree has not been entered, the court on…

§580-47 Support orders; division of property. (a) Upon granting a divorce, or thereafter if, in addition to the powers granted in subsections (c) and (d), jurisdiction of those matters is reserved under the decree by agreement of both parties or by order of court after finding th…

§580-48 REPEALED. L 1972, c 11, §6.

§580-49 Support of insane spouse after divorce. In every action for divorce where a decree is granted to the plaintiff and the defendant is insane at the time of the decree, the court may, at any time after entering the decree, revise and alter the same so far as the support and …

§580-5 Proof. Upon the hearing of every complaint for annulment, divorce, or separation, the court shall require exact legal proof upon every point, notwithstanding the consent of the parties. Where the matter is uncontested and the court, in its discretion, waives the need for a…

§580-50 REPEALED. L 1972, c 11, §8.

§580-51 Modification of alimony on remarriage. (a) Upon the remarriage of a party in whose favor a final decree or order for support and maintenance has been made, all rights to receive and all duties to make payments for support and maintenance shall automatically terminate for …

§580-52 Marriage after divorce. Whenever a marriage is dissolved, either party to the divorce may marry again at any time. [CC 1859, §1334; am L 1866, p 3; am L 1870, c 10, §2; am L 1876, c 48, §2; RL 1925, §2982; RL 1935, §4479; RL 1945, §12230; RL 1955, §324-41; HRS §580-52]

§580-55 REPEALED. L 1971, c 77, §1.

§580-56 Property rights following dissolution of marriage. (a) Every decree of divorce which does not specifically recite that the final division of the property of the parties is reserved for further hearing, decision, and orders shall finally divide the property of the parties …

§580-6 Guardian ad litem for incompetent defendant. In any case where the court has reason to believe that the defendant in a matrimonial action is not fully competent to conduct the defendant's defense or to comprehend the nature of the proceedings, the court may appoint a guard…

§580-7 Examination of parties to prevent collusion. Upon the hearing of any complaint for a divorce or separation, the court may examine either or both of the parties, upon oath, in order to prevent collusion. [CC 1859, §1341; am L 1903, c 22, §2; RL 1925, §2992; RL 1935, §4489; …

PART IV. SEPARATION §580-71 Grounds for separation. The family court may decree a separation from bed and board for a period not to exceed two years in any matrimonial action upon a petition for separation when the court finds the marriage is temporarily disrupted. [CC 1859, §133…

§580-71.5 Separation no bar to divorce. Any party to a matrimonial action in which a decree of separation from bed and board has been entered, or any party to an action for separate maintenance in which a decree has been entered, may, notwithstanding the existence of such a decre…

§580-72 Married persons may bring action in own name. Whenever any married person has the right to sue for separate maintenance, that person may bring the action in that person's own name. [L 1937, c 45, §1; RL 1945, §12236; RL 1955, §324-61; HRS §580-72; am L 1973, c 211, §5(t);…

§580-73 REPEALED. L 1971, c 77, §1.

§580-74 Support of spouse and children. Upon decreeing a separation, the court may make such further decree for the support and maintenance of either spouse and for the support, maintenance, and education of minor children, by either spouse, or out of the property of either spous…

§580-75 Status of spouse during separation. Every decree of separation shall have the effect of allowing each of the spouses to sue or be sued, to alienate and convey property, to make contracts, and to do all other acts as if the spouse were an unmarried person. [CC 1859, §1339;…

§580-76 Revocation or modification of separation decrees. Where a decree of separation from bed and board has been entered, it may be revoked at any time thereafter, under such regulations and restrictions as the court may impose, upon the joint application of the parties, and up…

§580-8 Procedure when collusion suspected. If there is any reason to suspect collusion, or that important testimony can be procured which has not been produced, the court shall continue the cause from time to time while such reason for suspicion continues. The attorney general or…

§580-9 Temporary support, etc. After the filing of a complaint for divorce or separation the court may make such orders relative to the personal liberty and support of either spouse pending the complaint as the court may deem fair and reasonable and may enforce the orders by summ…