reglab/housing_qa huggingface dataset:
HI Rev Stat § 580-41 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-41 Divorce.

Cross References Distribution of property (employees' retirement system benefits) in a divorce, see §88-93.5. Law Journals and Reviews Why is My Client Nuts?... Dealing with the Difficult Divorce Client. II HBJ, no. 13, at 91 (1998).  §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] Law Journals and Reviews  For discussion of development of new approach to family problems, see Divorce, Law and Psychology. VII HBJ, no. 3, at 73 (1970).  The Case Against Uncontested Divorce Practice. XII HBJ, no. 4, at 21 (1977).
HI Rev Stat § 580-41.5 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-41.5 Battered spouses; exemption from mediation in divorce proceedings.

  §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 against the wishes of that party.  (b) A mediator who receives a referral or order from a court to conduct mediation shall screen for the occurrence of family violence between the parties. A mediator shall not engage in mediation when it appears to the mediator or when either party asserts that family violence has occurred unless:  (1) Mediation is authorized by the victim of the alleged family violence;  (2) Mediation is provided in a specialized manner that protects the safety of the victim by a mediator who is trained in family violence; and  (3) The victim is permitted to have in attendance at mediation, a supporting person of the victim's choice including but not limited to an attorney or advocate. If the victim chooses to exercise such option, any other party to the mediation will be permitted to have in attendance at mediation, a supporting person of the party's choice including but not limited to an attorney or advocate.  (c) In a proceeding concerning the custody or visitation of a child, if a protective order is in effect, the court shall not require a party alleging family violence to participate in any component of any mediation program against the wishes of that party.  (d) In a proceeding concerning the custody or visitation of a child, if there is an allegation of family violence and a protective order is not in effect, the court may order mediation or refer either party to mediation only if:  (1) Mediation is authorized by the victim of the alleged family violence;  (2) Mediation is provided in a specialized manner that protects the safety of the victim by a mediator who is trained in family violence; and  (3) The victim is permitted to have in attendance at mediation, a supporting person of the victim's choice including but not limited to an attorney or advocate. If the victim chooses to exercise such option, any other party to the mediation will be permitted to have in attendance at mediation, a supporting person of the party's choice including but not limited to an attorney or advocate. [L 1993, c 88, §1; am L 1996, c 198, §4] Law Journals and Reviews  Empowering Battered Women: Changes in Domestic Violence Laws in Hawai`i. 17 UH L. Rev. 575 (1995).
HI Rev Stat § 580-42 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-42 OLD REPEALED. §580-42 Irretrievable breakdown.

  §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, the court, after hearing, shall make a finding whether the marriage is irretrievably broken. The court, in its discretion, may waive a hearing on an uncontested divorce complaint and admit proof by affidavit.  (b) If one of the parties has denied under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the complaint and the prospect of reconciliation, and shall:  (1) Make a finding whether the marriage is irretrievably broken, or  (2) Continue the matter for further hearing not less than thirty or more than sixty days later, or as soon thereafter as the matter may be reached on the court's calendar and may suggest to the parties that they seek counseling. At the adjourned hearing, the court shall make a finding whether the marriage is irretrievably broken. [L 1972, c 11, §3; am L 1973, c 211, §5(o); am L 1989, c 127, §2]
HI Rev Stat § 580-42.5 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-42.5 Recrimination no defense.

  §580-42.5 Recrimination no defense. Recrimination shall not be a defense to an application for divorce or separation. [L 1971, c 77, §2]
HI Rev Stat § 580-43 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-43 REPEALED.

  §580-43 REPEALED. L 1972, c 11, §5.
HI Rev Stat § 580-44 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-44 Persons affected with Hansen's disease represented by attorney general.

  §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 place for the care and treatment of persons affected with Hansen's disease in proceedings for divorce. [L 1943, c 39, §1; RL 1945, §12220; am L 1949, c 53, §29; RL 1955, §324-30; am L Sp 1959 2d, c 1, §19; HRS §580-44; am L 1969, c 152, §1; am L 1983, c 124, §16; gen ch 1985]
HI Rev Stat § 580-45 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-45 Decree.

  §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 its discretion, may waive a hearing on an uncontested divorce complaint and admit proof by affidavit. In case of a decree dissolving the bonds of matrimony, such time so fixed shall not be more than one month from and after the date of the decree. [L 1870, c 16, §8; am L 1878, c 26, §4; am L 1903, c 22, §2; am L 1911, c 136, §1; RL 1925, §2977; am L 1931, c 247, §1; RL 1935, §4472; RL 1945, §12221; am L 1949, c 53, §29; RL 1955, §324-31; am L 1957, c 72, §5; am L 1965, c 52, §1; am L 1967, c 81, § §1, 2; HRS §580-45; am L 1969, c 44, § §1, 2; am L 1970, c 116, §2; am L 1971, c 72, §1; am L 1972, c 11, §4; am L 1973, c 211, §5(p); am L 1989, c 127, §3] Case Notes  Exceptions could have been taken to supreme court from decree in reference to property rights notwithstanding death of libellant. 10 H. 117, 121 (1895).  Decree in divorce remains binding on the parties subject to reversal thereof for error. 23 H. 646, 650 (1917).  Premature appeal. 28 H. 403 (1925).  Findings. 30 H. 240 (1927).  Appeal must be taken from the decree not the decision. 30 H. 620 (1928). See 29 H. 464 (1926).  Jurisdiction. 31 H. 603 (1930).  Great weight as to findings. 32 H. 177 (1931); 37 H. 512 (1947).  Appeal does not abrogate decree. 35 H. 440 (1940).  The express reservation of custody and support questions does not impair the finality of divorce decree. 57 H. 519, 559 P.2d 744 (1977).  Decree, how construed. 59 H. 575, 585 P.2d 938 (1978).  In light of the legislative history of this section, courts have discretion in fixing the effective date of the divorce decree but this discretion is limited to a one month period commencing the date of the entry of the decree; thus, it does not authorize courts to order the divorce decree to be effective prior to the date of its entry. 109 H. 469 (App.), 128 P.3d 351 (2006).
HI Rev Stat § 580-46 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-46 Final judgment; nunc pro tunc entry; validation of certain marriages.

  §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 motion of either party or upon its own motion may cause a final decree to be entered granting the divorce as of the date when the decree could have been entered. Upon the entry of the final decree, the parties to the divorce action shall be deemed to have been restored to the status of single persons as of the date set forth in the final decree, and any marriage of either party after such date shall not be subject to attack on the grounds that the marriage was contracted at a time when the party was undivorced in the divorce action. The court may cause a final decree to be entered nunc pro tunc as provided in this section even though another final decree may have been entered previously but by mistake, negligence, or inadvertence was not entered as soon as a final decree could have been entered. [L 1967, c 76, §4; HRS §580-46] Case Notes  Distinction between court's power to enter judgments nunc pro tunc and power to amend judgments discussed. 53 H. 123, 488 P.2d 537 (1971).
HI Rev Stat § 580-47.5 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-47.5 Notice to parties with children.

 §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 them of the opportunity to enter into an alternative arrangement for direct payment of child support under chapter 576D. A party may petition the court at any time, under chapter 576D or 576E, to opt out of the child support enforcement agency system and such a petition shall be assigned priority on the docket and be acted on expeditiously by the court. [L 1999, c 300, §2]
HI Rev Stat § 580-48 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-48 REPEALED.

  §580-48 REPEALED. L 1972, c 11, §6.
HI Rev Stat § 580-49 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-49 Support of insane spouse after divorce.

  §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 maintenance of the insane person is concerned, and may provide for such maintenance by the plaintiff out of any property or earnings acquired by the plaintiff subsequently, as well as previously, to the decree of divorce. The court making the order for maintenance, may, in its discretion, require the plaintiff to give security to the satisfaction of the court for the faithful execution of the same. [L 1919, c 10, pt of §2; RL 1925, §2973; RL 1935, §4468; RL 1945, §12223; am L 1951, c 287, §1(5); RL 1955, §324-33; am L 1957, c 72, §6; am L 1966, c 22, §6; HRS §580-49; am L 1972, c 11, §7; am L 1973, c 211, §5(q)]
HI Rev Stat § 580-50 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-50 REPEALED.

  §580-50 REPEALED. L 1972, c 11, §8.
HI Rev Stat § 580-51 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-51 Modification of alimony on remarriage.

  §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 all payments due after the date of the remarriage, unless the final decree or order, or an agreement of the parties approved by the final decree or order, provides specifically for the payments to continue after such remarriage.  (b) The remarried party shall file a notice of the remarriage with the court which made the order for support and maintenance and serve within thirty days of such marriage, by personal service or registered or certified mail, a copy of the notice on the former paying party. In any proceeding relating to the payment of support and maintenance to a remarried party, the failure of that party to file a notice of remarriage shall be considered by the court in awarding attorney's fees and costs for the proceeding and in determining reimbursement to the former paying party. [L Sp 1933, c 35, §1; RL 1935, §4478; RL 1945, §12229; RL 1955, §324-40; HRS §580-51; am L 1973, c 211, §5(r); am L 1974, c 65, pt of §2; am L 1983, c 17, §1] Case Notes  Part of decree ordering defendant to convey property to wife is nonmodifiable because it was a final property division, but that part ordering defendant to make mortgage payments on the property is modifiable as being in nature of support. 54 H. 60, 502 P.2d 380 (1972).  Section mandates termination of entitlement to rental payments that were specified as being in lieu of spousal support. 1 H. App. 57, 613 P.2d 363 (1980).  Effect of cohabitation on spousal support. 5 H. App. 385, 695 P.2d 1194 (1985).  Family court abused its discretion in ordering the complete termination of spousal support and health care insurance upon wife's cohabitation. 134 H. 431 (App.), 341 P.3d 1231 (2014).
HI Rev Stat § 580-52 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-52 Marriage after divorce.

  §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] Case Notes  Remarriage during pendency of appeal. 37 H. 34 (1944).
HI Rev Stat § 580-53, 580-54 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-53, 580-54 REPEALED.

  § §580-53, 580-54 REPEALED. L 1972, c 11, § §9, 10.
HI Rev Stat § 580-55 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-55 REPEALED.

  §580-55 REPEALED. L 1971, c 77, §1.
HI Rev Stat § 580-71 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-71 Grounds for 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, §1336; am L 1903, c 22, §10; RL 1925, §2987; RL 1935, §4484; am L Sp 1941, c 93, §1; RL 1945, §12235; RL 1955, §324-60; HRS §580-71; am L 1973, c 211, §5(s); am L 1976, c 140, §2]
HI Rev Stat § 580-71.5 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-71.5 Separation no bar to divorce.

  §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 decree, institute a matrimonial action and petition for the dissolution of that marriage, on any ground other than those set forth in paragraphs (2) and (3) of section 580-41, and in support of such petition may introduce evidence relating to events and facts occurring and existing both prior and subsequent to the entry of the decree of separation from bed and board in the prior matrimonial action, or the prior action for separate maintenance. [L 1976, c 140, §3]
HI Rev Stat § 580-72 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-72 Married persons may bring action in own name.

  §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); am L 1984, c 265, §1]
HI Rev Stat § 580-73 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-73 REPEALED.

  §580-73 REPEALED. L 1971, c 77, §1.
HI Rev Stat § 580-74 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-74 Support of spouse and children.

  §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 spouse, as may appear just and proper; provided that the court shall apply the considerations required by section 580-47(a) in formulation of any support decree in any action under this part; and provided further that the court may amend or revise any such decree in the same manner and under the same circumstances as provided for by section 580-47(d). [CC 1859, §1338; am L 1903, c 22, §2; RL 1925, §2989; RL 1935, §4486; RL 1945, §12238; RL 1955, §324-63; HRS §580-74; am L 1973, c 211, §5(u); am L 1974, c 65, pt of §2; am L 1978, c 77, §3] Case Notes  Order awarding alimony will not be disturbed where there has been no abuse of discretion. 9 H. 352 (1894).  Court cannot upon decreeing separation award specific property as alimony; words "or out of his property" limited by §580-13. 26 H. 128 (1921).  Alimony in gross not allowable upon decree of separation from bed and board. 27 H. 230 (1923).  Liability under order for temporary maintenance despite final decree of separate maintenance. 38 H. 148 (1948).  Considerations when decreeing alimony. 42 H. 279 (1958).  Section does not authorize division of property. 42 H. 279 (1958).  Cited: 31 H. 574, 576 (1930).
HI Rev Stat § 580-75 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-75 Status of spouse during separation.

  §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; RL 1925, §2990; RL 1935, §4487; RL 1945, §12339; RL 1955, §324-64; HRS §580-75; am L 1984, c 158, §1] Case Notes  Effect of separation upon the parties. 42 H. 279 (1958).
HI Rev Stat § 580-76 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|580. Annulment, Divorce, and Separation|580-76 Revocation or modification of separation decrees.

  §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 upon their producing satisfactory evidence of their reconciliation. The court may also, for good cause shown from time to time, increase or decrease the period of separation decreed, provided that the maximum period of separation does not exceed two years from the effective date of the original decree of separation. [CC 1859, §1340; am L 1903, c 22, §2; RL 1925, §2991; RL 1935, §4488; am L Sp 1941, c 93, §2; RL 1945, §12240; RL 1955, §324-65; am L 1965, c 52, §5; HRS §580-76; am L 1973, c 211, §5(v)] Case Notes  Cited: 27 H. 230, 233 (1923); 38 H. 394, 400 (1949); 42 H. 279, 284 (1958).
HI Rev Stat § 582-1.5 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|582. Interstate Compact on Juveniles|582-1.5 Amendment to compact concerning interstate rendition of juveniles alleged to be delinquent.

  §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 substantially as follows: Amendment to the Interstate Compact on Juveniles, Concerning Interstate Rendition of Juveniles Alleged to be Delinquent  (1) This amendment shall provide additional remedies, and shall be binding only as among and between those party states which specifically execute same.  (2) All provisions and procedures of Articles V and VI of the Interstate Compact on Juveniles shall be construed to apply to any juvenile charged with being a delinquent by reason of a violation of a felony. Any juvenile charged with being a delinquent by reason of violating a felony, shall be returned to the requesting state upon a requisition to the state where the juvenile may be found. A petition in such cases shall be filed in a court of competent jurisdiction in the requesting state where the violation of the felony is alleged to have been committed. The petition may be filed regardless of whether the juvenile has left the state before or after the filing of the petition. The requisition described in Article V of the Compact shall be forwarded by the judge of the court in which the petition has been filed. [L 1987, c 129, §1]
HI Rev Stat § 582-2 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|582. Interstate Compact on Juveniles|582-2 Juvenile compact administrator.

  §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 compact. The compact administrator shall cooperate with all departments, agencies, and officers of and in the government of the State and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by the State thereunder. [L 1955, c 87, §2; RL 1955, §334A-2; am L Sp 1959 2d, c 1, §9; HRS §582-2] Cross References  Rulemaking, see chapter 91.