Hawaii Revised Statutes 580. Annulment, Divorce, and Separation

PART I. GENERAL PROVISIONS

• 580-1 Jurisdiction; Hearing.
  (a) Exclusive original jurisdiction in matters of annulment, divorce, and separation, subject to section 603-37 as to change of venue, and subject also to...
• 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...
• 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...
• 580-3.5 Personal Judgment Against Absent Defendant.
  In any proceeding in the family court, the court shall have the power to render a personal judgment against a party who is outside...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 580-16 Divorce Decree, Support Order; Social Security Number.
  The social security number of any individual who is party to a divorce decree or subject to a support order issued under this chapter...

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...
• 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...
• 580-23 Former Husband or Wife Living.
  A marriage may be declared null on the ground that one of the parties has an undivorced husband or wife living, on the application...
• 580-24 Allowance for Spouse and Family.
  Every person who is deceived into contracting an illegal marriage with a man or woman having another spouse living, under the belief that he...
• 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...
• 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,...
• 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...
• 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...
• 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,...

PART III. DIVORCE

• 580-41 Divorce.
  Why is My Client Nuts?... Dealing with the Difficult Divorce Client. II HBJ No. 13, at pg. 91. §580-41 Divorce. The family court shall...
• 580-41.5 Battered Spouses; Exemption From Mediation in Divorce Proceedings.
  Why is My Client Nuts?... Dealing with the Difficult Divorce Client. II HBJ No. 13, at pg. 91. §580-41.5 Battered spouses; exemption from mediation...
• 580-42 [Old] Repealed.
  Why is My Client Nuts?... Dealing with the Difficult Divorce Client. II HBJ No. 13, at pg. 91. §580-42 [OLD] REPEALED. L 1972, c...
• 580-42.5 Recrimination No Defense.
  Why is My Client Nuts?... Dealing with the Difficult Divorce Client. II HBJ No. 13, at pg. 91. [§580-42.5] Recrimination no defense. Recrimination shall...
• 580-43 Repealed.
  Why is My Client Nuts?... Dealing with the Difficult Divorce Client. II HBJ No. 13, at pg. 91. §580-43 REPEALED. L 1972, c 11,
• 580-44 Persons Affected With Hansen's Disease Represented by Attorney General.
  Why is My Client Nuts?... Dealing with the Difficult Divorce Client. II HBJ No. 13, at pg. 91. §580-44 Persons affected with Hansen's disease...
• 580-45 Decree.
  Why is My Client Nuts?... Dealing with the Difficult Divorce Client. II HBJ No. 13, at pg. 91. §580-45 Decree. If after a full...
• 580-46 Final Judgment; Nunc Pro Tunc Entry; Validation of Certain Marriages.
  Why is My Client Nuts?... Dealing with the Difficult Divorce Client. II HBJ No. 13, at pg. 91. §580-46 Final judgment; nunc pro tunc...
• 580-47 Support Orders; Division of Property.
  Why is My Client Nuts?... Dealing with the Difficult Divorce Client. II HBJ No. 13, at pg. 91. §580-47 Support orders; division of property....
• 580-47.5 Notice to Parties With Children.
  Why is My Client Nuts?... Dealing with the Difficult Divorce Client. II HBJ No. 13, at pg. 91. [§580-47.5] Notice to parties with children....
• 580-48 Repealed.
  Why is My Client Nuts?... Dealing with the Difficult Divorce Client. II HBJ No. 13, at pg. 91. §580-48 REPEALED. L 1972, c 11,
• 580-49 Support of Insane Spouse After Divorce.
  Why is My Client Nuts?... Dealing with the Difficult Divorce Client. II HBJ No. 13, at pg. 91. §580-49 Support of insane spouse after...
• 580-50 Repealed.
  Why is My Client Nuts?... Dealing with the Difficult Divorce Client. II HBJ No. 13, at pg. 91. §580-50 REPEALED. L 1972, c 11,
• 580-51 Modification of Alimony on Remarriage.
  Why is My Client Nuts?... Dealing with the Difficult Divorce Client. II HBJ No. 13, at pg. 91. §580-51 Modification of alimony on remarriage....
• 580-52 Marriage After Divorce.
  Why is My Client Nuts?... Dealing with the Difficult Divorce Client. II HBJ No. 13, at pg. 91. §580-52 Marriage after divorce. Whenever a...
• 580-53, 54 Repealed.
  Why is My Client Nuts?... Dealing with the Difficult Divorce Client. II HBJ No. 13, at pg. 91. §§580-53, 54 REPEALED. L 1972, c...
• 580-55 Repealed.
  Why is My Client Nuts?... Dealing with the Difficult Divorce Client. II HBJ No. 13, at pg. 91. §580-55 REPEALED. L 1971, c 77,
• 580-56 Property Rights Following Dissolution of Marriage.
  Why is My Client Nuts?... Dealing with the Difficult Divorce Client. II HBJ No. 13, at pg. 91. §580-56 Property rights following dissolution of...

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...
• 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...
• 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...
• 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,...
• 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,...
• 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...

Last modified: October 27, 2016