reglab/housing_qa huggingface dataset:
HI Rev Stat § 580-2 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-2 Commencement of action; summons.

  §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 filing of the complaint, the clerk shall forthwith issue a summons and deliver it for service to a person authorized to serve process in civil actions. The summons shall be signed by the clerk, be under the seal of the court, contain the name of the court and the names of the parties, be directed to the defendant, state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, and the time within which the defendant is required to appear and defend which shall not be less than twenty days after the service of the summons and complaint upon the defendant, and shall notify the defendant that in case of the defendant's failure to appear and defend as required, further proceedings may be taken including judgment for the relief demanded in the complaint without further notice to the defendant. Alternative complaints for annulment, divorce, or separation may be set forth or combined in one complaint. [L 1870, c 16, §3; am L 1878, c 26, §2; am L 1903, c 22, §5; am L 1905, c 19, §1; am L 1907, c 72, §1 and c 109, §1; am L 1909, c 25, §2; am L 1919, c 168, §1; RL 1925, §2967; RL 1935, §4462; RL 1945, §12212; am L 1953, c 221, §1; RL 1955, §324-22; am L 1963, c 85, §3; am L 1965, c 88, §1; am L 1966, c 22, §2; HRS §580-2; gen ch 1985] Rules of Court  Commencement of action, see HFCR rule 3.  Summons, see HFCR rule 4. Case Notes  Except under certain circumstances amended libel should be served within reasonable time. 9 H. 405 (1894). Service of amended pleading if amendment made in open court before opposing counsel may be waived. Id.  Insane person may file for divorce through guardian. 9 H. 475 (1894).  Great particularity not required in prayer for alimony. 14 H. 152 (1902).  When decree vacated because thirty days has not elapsed, court should re-try the case after such lapse, upon evidence then adduced. 23 H. 451, 456 (1916).  Setting decree aside. 34 H. 675 (1938).  Discontinuance, right. 41 H. 481 (1956).  Cited: 3 H. 300, 301 (1871); 17 H. 463, 464 (1906); 20 H. 633, 637 (1911); 24 H. 29, 34 (1917).
HI Rev Stat § 580-3.5 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-3.5 Personal judgment against absent defendant.

  §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(b) or (c), if the party was personally served with a copy of the summons or order to show cause and complaint or other pleading upon which the judgment is based and if the party was a domiciliary of this State at the time:  (1) The cause of action that is the subject of the proceeding arose;  (2) Of the commencement of the proceeding; or  (3) Of service. [L 1970, c 24, §1; am L 2018, c 18, §48] Rules of Court  Default judgment, see HFCR rule 55. Case Notes  Where child support proceeding commenced when mother filed complaint for divorce, child support enforcement agency's motion for modification of child support payments filed twelve years later was "continuation of proceeding", and, under §580-47 and this section, court had continuing jurisdiction over non-Hawaii domiciliary father. 87 H. 209 (App.), 953 P.2d 968 (1998).
HI Rev Stat § 580-4 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-4 Cross-complaint.

  §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 sworn to by the cross-complainant and shall be served in the same manner as an original complaint. [L 1913, c 121, §1; RL 1925, §2969; RL 1935, §4464; RL 1945, §12214; RL 1955, §324-24; am L 1966, c 22, §4; HRS §580-4] Case Notes  Statute valid; "divorce" means every kind of divorce. 22 H. 425 (1915); 25 H. 638 (1920); 29 H. 464 (1926).  Error to disregard. 30 H. 473 (1928).  Cited: 26 H. 128 (1921).
HI Rev Stat § 580-5 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-5 Proof.

  §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 hearing, then the court shall require exact legal proof upon every point by affidavit. [L 1870, c 16, §5; CpL p 435; am L 1903, c 22, §2; am L 1905, c 19, §2; am L 1915, c 56, §2 and c 192, §2; RL 1925, §2970; RL 1935, §4465; RL 1945, §12215; am L 1949, c 53, §29; RL 1955, §324-25; am L 1957, c 72, §4; am L 1966, c 22, §5; HRS §580-5; am L 1973, c 211, §5(b); am L 1989, c 127, §1] Case Notes  Burden of "exact legal proof" not met. 37 H. 17 (1944).  Burden on libellant. 38 H. 394 (1949).  Fact that libellant had been twice divorced immaterial; corroboration of libellant's testimony not required. 42 H. 264 (1958).  Libellant's testimony negated "exact legal proof" of "grievous mental suffering". 43 H. 381 (1959).  Cited: 24 H. 29, 34 (1917); 36 H. 528 (1943).
HI Rev Stat § 580-6 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-6 Guardian ad litem for incompetent defendant.

  §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 guardian ad litem to represent the interests of the defendant. The court may assess the reasonable fees and expenses of the guardian ad litem as costs of the action, payable in whole or in part by either or both parties as the circumstances may justify. [L 1919, c 10, pt of §2; RL 1925, §2972; RL 1935, §4467; RL 1945, §12217; am L 1951, c 287, §1(2); RL 1955, §324-27; am L 1966, c 22, §6; am L 1967, c 76, §3; HRS §580-6; gen ch 1985] Cross References  Maximum fees for appointed counsel and guardian ad litem, see §571-87. Rules of Court  Guardians ad litem, see HFCR rule 17(c).
HI Rev Stat § 580-7 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-7 Examination of parties to prevent collusion.

  §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; RL 1945, §12241; RL 1955, §324-66; HRS §580-7; am L 1973, c 211, §5(c)]
HI Rev Stat § 580-8 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-8 Procedure when collusion suspected.

  §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 other prosecuting officer and parties not of record shall be heard, to establish the fact of collusion or of the existence of testimony not produced. [L 1870, c 16, §7; am L 1903, c 22, §7; RL 1925, §2976; RL 1935, §4471; RL 1945, §12219; RL 1955, §324-29; HRS §580-8; am L 1973, c 211, §5(d)] Case Notes  Libel dismissed for collusion. 19 H. 68 (1908).  Libels for divorce are not the same as ordinary civil actions; technical law of default not applicable. 24 H. 29 (1917).  Section prevents deputies attorney general from acting as attorney for parties in divorce. 35 H. 849 (1941).  Cited: 3 H. 300, 301 (1871); 39 H. 385 (1952).
HI Rev Stat § 580-11 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-11 Care, custody, education, and maintenance of children pendente lite.

  §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)] Cross References  Custody, see §571-46. Case Notes  Where joint custodial parents are deadlocked regarding an important decision implicating their child's future or welfare, such an impasse qualifies as a material change in circumstances sufficient to warrant the family court's consideration of a change in the custody order's terms with respect to the deadlocked matter. 133 H. 415 (App.), 329 P.3d 320 (2014).  Family court did not abuse its discretion by extending wife's temporary support award during the pendency of the case. 134 H. 431 (App.), 341 P.3d 1231 (2014).  Cited: 35 H. 382, 383 (1940); 38 H. 233, 235 (1948).
HI Rev Stat § 580-12 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-12 Sequestration of property.

  §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]
HI Rev Stat § 580-13 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-13 Security and enforcement of maintenance and alimony.

  §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 order or decree to give reasonable security for such maintenance and allowance. Upon neglect or refusal to give the security, or upon default of the person subject to such order or decree and such person's surety to provide the maintenance and allowance, the court may sequester such person's personal estate, and the rents and profits of such person's real estate, and may appoint a receiver thereof and cause such person's personal estate and the rents and profits of such person's real estate to be applied towards such maintenance and allowance, as to the court shall from time to time seem just and reasonable. [CC 1859, §1333; am L 1903, c 22, §2; RL 1925, §2981; RL 1935, §4477; RL 1945, §12228; RL 1955, §324-39; HRS §580-13; am L 1973, c 211, §5(h); am L 1974, c 65, pt of §2] Case Notes  This section is limitation upon words "or out of his property" found in §580-74. 26 H. 128 (1921).  Application in connection with contempt. 28 H. 291 (1925).  Receiver appointed. 28 H. 291 (1925); 35 H. 570 (1940).  Sequestration. 33 H. 725 (1936).  Judicial sale of real property at suggestion of both parties. 39 H. 653 (1953).  Failure to comply with alimony order must be punished as criminal contempt if contemnor lacks present ability to comply. 60 H. 160, 587 P.2d 1220 (1978).  Family court abused its discretion when it ordered husband to maintain a life insurance policy in the amount of $1,500,000, with wife as beneficiary, where: (1) the divorce decree provided that husband's alimony obligation terminates, at the latest, upon husband's death; (2) the amount appeared to far exceed spousal support payments reasonably likely to be accrued at the time of husband's death; and (3) the amount appeared to far exceed the amount necessary to give reasonable security for the remaining amount of the two children's period of dependency. 134 H. 431 (App.), 341 P.3d 1231 (2014).  Cited: 13 H. 654, 661 (1901); 14 H. 152, 156 (1902); 23 H. 281, 289 (1916); 31 H. 574, 576 (1930).
HI Rev Stat § 580-14 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-14 Renumbered as §571-52.1.

  §580-14 Renumbered as §571-52.1. L 1968, c 33, §2.
HI Rev Stat § 580-15 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-15 County attorneys to represent court.

  §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 governing bodies and upon request of the family court, represent the court in any contempt proceeding for the enforcement of any order or decree for support of a spouse or child support or both, except that fees may be charged as provided for by chapter 576D. [L 1967, c 63, §2; HRS §580-15; am L 1973, c 211, §5(i); am L 1974, c 65, pt of §2; am L 1984, c 230, §4; am L 1986, c 332, §17]
HI Rev Stat § 580-16 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-16 Divorce decree, support order; social security number.

  §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 shall be placed in the records relating to the matter. [L 1997, c 293, §7]
HI Rev Stat § 580-21 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-21 Grounds for 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:  (1) That the parties stood in relation to each other of ancestor and descendant of any degree whatsoever, brother and sister of the half as well as the whole blood, uncle and niece, aunt and nephew, whether the relationship is the result of the issue of parents married or not married to each other;  (2) That the parties, or either of them, had not attained the legal age of marriage;  (3) That the husband had an undivorced wife living, or the wife had an undivorced husband living;  (4) That one of the parties lacked the mental capacity to consent to the marriage;  (5) That consent to the marriage of the party applying for annulment was obtained by force, duress, or fraud, and there has been no subsequent cohabitation; and  (6) That one of the parties was a sufferer of or afflicted with any loathsome disease and the fact was concealed from, and unknown to, the party applying for annulment. [CC 1859, §1313; am imp L 1866, p 3; rep L 1870, c 10; ree L 1876, c 48; am imp L 1870, c 24, §1; rep L 1872, c 23, §2; am imp L 1872, c 23, §1; am L 1903, c 22, §1; RL 1925, §2955; RL 1935, §4450; am L 1935, c 184, §1; RL 1945, §12201; am L 1949, c 53, §29; RL 1955, §324-1; am L 1957, c 72, §1; am imp L 1965, c 232, §1; HRS §580-21; am L 1980, c 43, §1; am L 1984, c 119, §2; am L 1997, c 52, §8] Attorney General Opinions  Uncle and niece by adoption not disqualified to intermarry. Att. Gen. Op. 62-49. Case Notes  Marriage voidable, not void, of girl under fourteen. 6 H. 289 (1881).  Requires proper allegation. 7 H. 219 (1888).  Proper parties. 7 H. 278 (1888).  Nonassent of a party to marriage is not a statutory ground for annulment. 8 H. 77 (1890).  Insufficiency of evidence on ground of nonage. 8 H. 360 (1892).  Held that failure to procure license, ground for annulment. 25 H. 397 (1920).  Enumeration of grounds does not deprive court of jurisdiction to annul a marriage on some other ground. 26 H. 89 (1921); 29 H. 770, 795 (1927).  Presumption that marriage was valid; burden on libellant to prove incompetency. 29 H. 716 (1927).  Trial court erred in deciding that wife was entitled to prevail on her divorce claim and second husband was not entitled to prevail on his annulment claim where certified copy of judgment of divorce presented undisputed evidence that when wife married second husband, wife had prior lawful living husband and thus did not satisfy the requirement of §572-1(3). 108 H. 459 (App.), 121 P.3d 924 (2005).  Sections 572-1, 580-1, and this section must be read together; only the family court can declare void a marriage obtained by force, duress, or fraud, and it cannot do so where there has been subsequent cohabitation. 112 H. 131 (App.), 144 P.3d 579 (2006).
HI Rev Stat § 580-22 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-22 Nonage.

  §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 the marriage be annulled on the application of a party who was of legal age at the time it was contracted; nor when it appears that the parties, after they attained the legal age, had for any time freely cohabited as man and wife. [CC 1859, §1314; am L 1903, c 22, §2; RL 1925, §2956; RL 1935, §4451; RL 1945, §12202; RL 1955, §324-2; HRS §580-22; am L 1973, c 211, §5(j)] Case Notes  Once nonage spouse dies no ground to annul such marriage. 6 H. 289 (1881).  Suit should be in name of minor by parent or guardian or in name of parent and minor made defendant. 7 H. 219 (1888); 7 H. 278 (1888).
HI Rev Stat § 580-23 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-23 Former husband or wife living.

  §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 of either of the parties during the lifetime of the other, or on the application of the former husband or wife. [CC 1859, §1315; RL 1925, §2957; RL 1935, §4452; RL 1945, §12203; RL 1955, §324-3; HRS §580-23]
HI Rev Stat § 580-24 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-24 Allowance for spouse and family.

  §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 or she was unmarried, may be entitled to a just allowance for the support of the deceived spouse and family out of the property of the deceiving spouse, which the deceived spouse may obtain at any time after action commenced upon application to the family court having jurisdiction. In addition to the allowance, the court may also compel the defendant to advance reasonable amounts for the compensation of witnesses and other reasonable expenses of trial to be incurred by the plaintiff. [CC 1859, §1316; am L 1903, c 22, §3; am L 1919, c 43, §1; RL 1925, §2958; RL 1935, §4453; RL 1945, §12204; RL 1955, §324-4; am L 1966, c 22, §6; HRS §580-24; am L 1973, c 211, §5(k); am L 1974, c 65, pt of §2] Case Notes  Cited: 3 H. 489, 495 (1873); 20 H. 633, 637 (1911).
HI Rev Stat § 580-25 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-25 Inheritance by children.

  §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 1955, §324-5; HRS §580-25] Case Notes  Cited: 20 H. 722, 723 (1911).
HI Rev Stat § 580-26 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-26 Lack of mental capacity.

  §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 such capacity; but in such case, no sentence of nullity shall be pronounced if it appears that the parties freely cohabited as husband and wife after the party who lacked such mental capacity attained the mental capacity necessary to consent to marriage. [CC 1859, §1318; am L 1903, c 22, §2; RL 1925, §2960; RL 1935, §4455; RL 1945, §12206; RL 1955, §324-6; HRS §580-26; am L 1973, c 211, §5(1); am L 1980, c 43, §2]
HI Rev Stat § 580-27 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-27 Legitimacy in case of annulment.

  §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 specified in section 580-21, the issue of the marriage shall be legitimate. [CC 1859, § §1319, 1320; am imp L 1870, c 24, §1; rep L 1872, c 23, §2; am L 1872, c 23, §1; RL 1925, § §2961, 2962; RL 1935, § §4456, 4457; am L 1935, c 115, § §1, 2; RL 1945, §12207; RL 1955, §324-7; HRS §580-27; am L 1980, c 43, §3] Case Notes  Cited: 6 H. 289, 291 (1881).
HI Rev Stat § 580-28 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-28 Physical incapacity.

  §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 two years from the solemnization of the marriage. [CC 1859, §1321; RL 1925, §2963; RL 1935, §4458; RL 1945, §12208; RL 1955, §324-8; HRS §580-28; am L 1973, c 211, §5(m)]
HI Rev Stat § 580-29 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-29 No annulment solely on confessions.

  §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 founded. [CC 1859, §1322; am L 1903, c 22, §2; RL 1925, §2964; RL 1935, §4459; RL 1945, §12209; RL 1955, §324-9; HRS §580-29; am L 1973, c 211, §5(n)]