Title 31, Family

§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: (1) The marriage is irretrievably broken; (2) The parties have lived separate and apart under a decree of separation fr…

§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 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, the court, after hearing, shall make a findi…

[§580-42.5] Recrimination no defense. Recrimination shall not be a defense to an application for divorce or separation. [L 1971, c 77, §2]

§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…

[§580-47.5] Notice to parties with children. When a party files for divorce and there are minor children involved, or when a party institutes a proceeding under chapter 576D or 576E, the court or the office of child support hearings shall provide notice to each party informing th…

§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…

§580-51 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]

§580-56 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);…

§580-74 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…

§582-1 Execution of compact. The governor is hereby authorized and directed to execute a compact on behalf of the Territory of Hawaii with any other state or states legally joining therein in the form substantially as follows: INTERSTATE COMPACT ON JUVENILES The contracting state…

[§582-1.5] Amendment to compact concerning interstate rendition of juveniles alleged to be delinquent. The governor is authorized and directed to execute, with any other state or states legally joining the same, an amendment to the Interstate Compact on Juveniles in the form subs…

§582-2 Juvenile compact administrator. Pursuant to the compact, the lieutenant governor shall be the compact administrator and who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms of the compa…

§582-3 Supplementary agreements. The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the event that the supplementary agreement requires or contemplates the use of any institution or facility of …

§582-4 Financial arrangements. The compact administrator, subject to the approval of the state comptroller, may make or arrange for any payments necessary to discharge any financial obligations imposed upon the State by the compact or by any supplementary agreement entered into t…

§582-5 Fees. Any judge of the State who appoints counsel or guardian ad litem pursuant to the compact may, in the judge's discretion, fix a fee to be paid out of funds available for disposition by the court but no such fee shall exceed the sum of $75. [L 1955, c 87, §5; RL 1955, …

§582-6 Reimbursement of public funds expended. Any public funds expended for the return of a delinquent juvenile shall be deemed spent for the maintenance of the delinquent juvenile and the parents or legal guardian of the juvenile may be ordered to reimburse the proper governmen…

§582-7 Responsibilities of state departments, agencies, and officers. The courts, departments, agencies, and officers of the State and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be withi…

§582-8 Delinquent child included. The term "delinquent juvenile" as used in the Interstate Compact on Juveniles shall include a minor, subject to section 571-11(1). [L 1955, c 87, §8; RL 1955, §334A-8; am imp L 1965, c 232, §1; HRS §582-8]

[§582D-1] Execution of compact. The governor is hereby authorized and directed to execute a compact on behalf of the State of Hawaii with any other state or states legally joining them in the form substantially as follows: ARTICLE I PURPOSE The compacting states to this interstat…

PART I. GENERAL PROVISIONS [§583A-101] Short title. This chapter may be cited as the Uniform Child-Custody Jurisdiction and Enforcement Act. [L 2002, c 124, pt of §2]

[§583A-102] Definitions. In this chapter: "Abandoned" means left without provision for reasonable and necessary care or supervision. "Child" means an individual who has not attained eighteen years of age. "Child-custody determination" means a judgment, decree, or other order of a…

[§583A-103] Proceedings governed by other law. This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. [L 2002, c 124, pt of §2]

[§583A-104] Application to Indian tribes. (a) A child-custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 United States Code section 1901 et seq., shall not be subject to this chapter to the extent that it is governed by the Indian C…

[§583A-105] International application of chapter. (a) A court of this State shall treat a foreign country as if it were a state of the United States for the purpose of applying parts I and II. (b) Except as otherwise provided in subsection (c), a child-custody determination made …

[§583A-106] Effect of child-custody determination. A child-custody determination made by a court of this State that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this State or notified in accordance with section 583A-108…

[§583A-107] Priority. If a question of existence or exercise of jurisdiction under this chapter is raised in a child-custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously. [L 2002, c 124, pt of §2]