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Courts and
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Lawyers and Divorce
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Glossary of Family Law
Terms
Hawaii Court System
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State Statutory
Resources
Hawaii State Legislature Website
Divorce Law
§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
from bed and board entered by any court of competent jurisdiction, the term
of separation has expired, and no reconciliation has been effected;
(3) The parties have lived separate and apart for a period of two years or
more under a decree of separate maintenance entered by any court of
competent jurisdiction, and no reconciliation has been effected; or
(4) The parties have lived separate and apart for a continuous period of two
years or more immediately preceding the application, there is no reasonable
likelihood that cohabitation will be resumed, and the court is satisfied
that, in the particular circumstances of the case, it would not be harsh and
oppressive to the defendant or contrary to the public interest to a divorce
on this ground on the complaint of the plaintiff.
[L 1870, c 16, §1; am L 1903, c 22, §2; am L 1909, c 25, §1; am L 1915, c
56, §1 and c 192, §1; am L 1919, c 10, §1; RL 1925, §2965; am L 1931, c 196,
§1; RL 1935, §4460; am L 1935, c 27, §1; RL 1945, §12210; am L 1949, c 53,
§29 and c 174, §1; am L 1951, c 287, §1; RL 1955, §324-20; am L 1957, c 72,
§2; am L 1965, c 52, §3; am L 1966, c 22, §6; am L 1967, c 76, §1; HRS
§580-41; am L 1970, c 116, §1; am L 1972, c 11, §1]
§580-1
Jurisdiction; hearing. Exclusive original
jurisdiction in matters of annulment, divorce, 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 which the
applicant has been domiciled or has been physically present for a continuous
period of at least three months next preceding the application therefor. No
absolute divorce from the bond of matrimony shall be granted for any cause
unless either party to the marriage has been domiciled or has been
physically present in the State for a continuous period of at least six
months next preceding the application therefor. A person who may be residing
on any military or federal base, installation, or reservation within the
State or who may be present in the State under military orders shall not
thereby be prohibited from meeting the requirements of this section.
[L 1870, c 16, §2; am L 1878, c 26, §1; am L 1903, c 22, §4 and c 33, §1; am
L 1919, c 172, §1; RL 1925, §2966; am L 1927, c 126, §1; RL 1935, §4461; am
L 1935, c 94, §1; RL 1945, §12211; am L 1949, c 53, §29; RL 1955, §324-21;
am L 1957, c 72, §3; am L 1961, c 58, §1; am L 1965, c 76, §1; am L 1967, c
76, §2; HRS §580-1; am L 1973, c 211, §5(a); am L 1977, c 173, §1]
...For further
information, please refer to the Hawaii Revised Statutes - Title 580
Divorce Law in Hawaii
Divorce: What To Do If You Get Divorce Papers From Your Spouse
Divorce: How To Serve Your Spouse If Your Spouse is on the Same Island as
You
Marriage and
Living Together Law
Hawaii
Marriage License Law
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Child
Support
§580-47 Support orders; division of
property. (abbreviated)
(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 that good cause exists, the
court may make any further orders as shall appear just and equitable (1)
compelling the parties or either of them to provide for the support,
maintenance, and education of the children of the parties; (2) compelling
either party to provide for the support and maintenance of the other party;
(3) finally dividing and distributing the estate of the parties, real,
personal, or mixed, whether community, joint, or separate; and (4)
allocating, as between the parties, the responsibility for the payment of
the debts of the parties whether community, joint, or separate, and the
attorney's fees, costs, and expenses incurred by each party by reason of the
divorce. In making these further orders, the court shall take into
consideration: the respective merits of the parties, the relative abilities
of the parties, the condition in which each party will be left by the
divorce, the burdens imposed upon either party for the benefit of the
children of the parties, and all other circumstances of the case. In
establishing the amounts of child support, the court shall use the
guidelines established under section 576D-7. Provision may be made for the
support, maintenance, and education of an adult or minor child and for the
support, maintenance, and education of an incompetent adult child whether or
not the petition is made before or after the child has attained the age of
majority. In those cases where child support payments are to continue due to
the adult child's pursuance of education, the agency, three months prior to
the adult child's nineteenth birthday, shall send notice by regular mail to
the adult child and the custodial parent that prospective child support will
be suspended unless proof is provided by the custodial parent or adult child
to the child support enforcement agency, prior to the child's nineteenth
birthday, that the child is presently enrolled as a full-time student in
school or has been accepted into and plans to attend as a full-time student
for the next semester a post-high school university, college, or vocational
school. If the custodial parent or adult child fails to do so, prospective
child support payments may be automatically suspended by the child support
enforcement agency, hearings officer, or court upon the child reaching the
age of nineteen years. In addition, if applicable, the agency, hearings
officer, or court may issue an order terminating existing assignments
against the responsible parent's income and income assignment orders.
(b) An order as to the custody, management, and division of property and as
to the payment of debts and the attorney's fees, costs and expenses incurred
in the divorce shall be final and conclusive as to both parties subject only
to appeal as in civil cases. The court shall at all times, including during
the pendency of any appeal, have the power to grant any and all orders that
may be necessary to protect and provide for the support and maintenance of
the parties and any children of the parties to secure justice, to compel
either party to advance reasonable amounts for the expenses of the appeal
including attorney's fees to be incurred by the other party, and to amend
and revise such orders from time to time.
(c) No order entered under the authority of subsection (a) or entered
thereafter revising so much of such an order as provides for the support,
maintenance, and education of the children of the parties shall impair the
power of the court from time to time to revise its orders providing for the
support, maintenance, and education of the children of the parties upon a
showing of a change in the circumstances of either party or any child of the
parties since the entry of any prior order relating to the support,
maintenance, and education. The establishment of the guidelines or the
adoption of any modifications made to the guidelines set forth in section
576D-7 may constitute a change in circumstances sufficient to permit review
of the support order. A material change of circumstances will be presumed if
support as calculated pursuant to the guidelines is either ten per cent
greater or less than the support amount in the outstanding support order.
The need to provide for the child's health care needs through health
insurance or other means shall be a basis for petitioning for a modification
of the support order. The most current guidelines shall be used to calculate
the amount of the child support obligation.
(d) Upon the motion of either party supported by an affidavit setting forth
in particular a material change in the physical or financial circumstances
of either party, or upon a showing of other good cause, the moving party, in
the discretion of the court, and upon adequate notice to the other party,
may be granted a hearing. The fact that the moving party is in default or
arrears in the performance of any act or payment of any sums theretofore
ordered to be done or paid by the party shall not necessarily constitute a
bar to the granting of the hearing. The court, upon such hearing, for good
cause shown may amend or revise any order and shall consider all proper
circumstances in determining the amount of the allowance, if any, which
shall thereafter be ordered.
(e) The responsible parent or the custodial parent shall have a right to
petition the family court or the child support enforcement agency not more
than once every three years for review and adjustment of the child support
order without having to show a change in circumstances. The responsible or
custodial parent shall not be precluded from petitioning the family court or
the child support enforcement agency for review and adjustment more than
once in any three-year period if the second or subsequent request is
supported by proof of a substantial or material change of circumstances.
(f) Attorney's fees and costs. The court hearing any motion for orders
either revising an order for the custody, support, maintenance, and
education of the children of the parties, or an order for the support and
maintenance of one party by the other, or a motion for an order to enforce
any such order or any order made under subsection (a) of this section, may
make such orders requiring either party to pay or contribute to the payment
of the attorney's fees, costs, and expenses of the other party relating to
such motion and hearing as shall appear just and equitable after
consideration of the respective merits of the parties, the relative
abilities of the parties, the economic condition of each party at the time
of the hearing, the burdens imposed upon either party for the benefit of the
children of the parties, and all other circumstances of the case.
[CC 1859, §1328; am L 1903, c 22, §2; RL 1925, §2979; RL 1935, §4475; am L
Sp 1941, c 68, §1; RL 1945, §12226; am L 1955, c 77, §1; RL 1955, §324-37;
am L 1967, c 76, §5; HRS §580-47; am L 1969, c 221, §§1, 2; am L 1977, c 37,
§1; am L 1978, c 77, §2; am L 1983, c 19, §1; am L 1986, c 332, §18; am L
1991, c 216, §4; am L 1992, c 115, §3 and c 212, §3; am L 1995, c 107, §2;
am L 1997, c 293, §40 and c 294, §5]
...For further
information, please refer to the Hawaii Revised Statutes - Title 580
Child
Support Explained
Child Support: General Information
Hawaii Child Support Guidelines
Hawaii Child Support Enforcement
Agency
Child Support Brochure
Establishing Child Support
Child Support: How to Request An Order
Child Custody
and Visitation Law
§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 law and justice may
require and may enforce the orders by summary process. The court may revise
and amend the orders from time to time.
[L 1931, c 49, §1; RL 1935, §4474; RL 1945, §12225; RL 1955, §324-36; HRS
§580-11; am L 1973, c 211, §5(g)]
...For
further information, please refer to the Hawaii Revised Statutes - Title 580
FAQ on Child
Custody and Visitation
Child Custody
Resources
Child Custody Brochure
Visitation: Information for Parents
The Rights of Unmarried Parents of a Child
Property
Division
See Child Support section above for statute information.
Also...
§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, maintenance, and education of minor
children, whether temporary or permanent, where service or notice has been
effected by any of the methods set forth in section 580-3.
[L 1967, c 60, pt of §1; HRS §580-12; am L 1974, c 65, pt of §2]
...For
further information, please refer to the Hawaii Revised Statutes - Title 580
Credit and
Divorce
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