reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 31. Family › 578. Adoption › 578-9 Custody of minor child after decree and before adoption.

§578-9 Custody of minor child after decree and before adoption.
The decree may provide that, during the period, if any, between the entry thereof and the effective date of adoption, the care, custody, and control of a minor child be given to the petitioner or petitioners, who, in such event, shall be liable during such period for the care, maintenance, and support of the minor child and for its torts in the same manner as legal parents, and may further provide for the supervision and visitation of the minor child by the director of human services or the director's agent during such period and for such reports in connection therewith as the court may require. [RL 1945, pt of §12276; am L 1945, c 40, pt of §1; am L 1953, c 115, pt of §1; RL 1955, §331-9; am L Sp 1959 2d, c 1, §20; HRS §578-9; am L 1973, c 211, §3(g); am L 1976, c 194, §1(4); gen ch 1985; am L 1987, c 339, §4]
2023 Hawaii Revised Statutes › Title 31. Family › 578. Adoption › 578-10 Disposition of minor child on discontinuance, withdrawal or denial of petition.

§578-10 Disposition of minor child on discontinuance, withdrawal or denial of petition.
Upon the discontinuance or withdrawal or denial of any petition for adoption, the court may make appropriate temporary orders concerning the care, custody and control of a minor child involved and may refer the minor child to the department of human services or to another appropriate agency or officer for action as in the case of a minor subject to section 571-11(1). [RL 1945, pt of §12276; am L 1953, c 115, pt of §1; RL 1955, §331-10; am L Sp 1959 2d, c 1, §20; am imp L 1965, c 232, §1; HRS §578-10; am L 1973, c 211, §3(h); am L 1976, c 194, §1(5); am L 1987, c 339, §4]
Rules of Court
Disposition of minor child on dismissal, etc., see HFCR rule 115.
2023 Hawaii Revised Statutes › Title 31. Family › 578. Adoption › 578-11 Disposition in case of death of petitioners.

§578-11 Disposition in case of death of petitioners.
Notwithstanding the death of a petitioner or the petitioners during the pendency of the petition, the court, if it finds that the best interests of the individual to be adopted will be served thereby, and, in the case of a surviving petitioner, that such petitioner so desires, may enter a decree of adoption as prayed for in the petition, effective as of the date of the filing of the petition. [RL 1945, pt of §12276; am L 1953, c 115, pt of §1; RL 1955, §331-11; HRS §578-11; am L 1973, c 211, §3(i); am L 1976, c 194, §1(6)]
2023 Hawaii Revised Statutes › Title 31. Family › 578. Adoption › 578-12 Setting aside or modifying decree.

§578-12 Setting aside or modifying decree.
At any time within one year from the date of entry of any decree of adoption, the court may, for good cause, set aside or modify the decree and, in connection therewith, may make appropriate orders, concerning the custody of the minor child and the disposition and handling of the record of adoption by the department of health. The setting aside or modification of any decree of adoption shall not affect any property rights which have become vested between the date of the entry of the decree or the effective date of the decree and the effective date of any order setting aside or modifying the decree of adoption.
No decree of adoption shall be subject to attack in any collateral proceeding, and, after the expiration of one year from the date of its entry, no decree of adoption shall be subject to direct attack upon any ground other than fraud rendering the decree void as of the time of its entry. [RL 1945, pt of §12276; am L 1945, c 40, pt of §1; am L 1947, c 47, §2; am L 1953, c 115, pt of §1; RL 1955, §331-12; am L Sp 1959 2d, c 1, §19; HRS §578-12; am L 1973, c 211, §3(j)]
Case Notes
Review of decree: Persons entitled to petition for review, and to appeal from court's determination. 45 H. 69, 361 P.2d 1054 (1961).
Decree may not be attacked after one year except on the ground of fraud. 1 H. App. 364, 619 P.2d 1092 (1980).
2023 Hawaii Revised Statutes › Title 31. Family › 578. Adoption › 578-13 Change of name.

§578-13 Change of name.
The court may fix or change the given name and the family name of an adoptive minor child to the name stipulated by the adoptive parents or that name which is in the best interest of the child.
The court may fix or change the given name and family name of an adoptive individual who is an adult at the time of the filing of the petition for adoption to the name stipulated by the adoptive parents or that name which is in the best interest of the adult. [RL 1945, pt of §12276; am L 1945, c 40, pt of §1; am L 1953, c 115, pt of §1; RL 1955, §331-13; HRS §578-13; am L 1973, c 211, §3(k); am L 1976, c 194, §1(7); am L 1987, c 278, §2]
Case Notes
Change of family name is mandatory. 45 H. 69, 361 P.2d 1054 (1961).
2023 Hawaii Revised Statutes › Title 31. Family › 578. Adoption › 578-14 Record of adoption.

§578-14 Record of adoption.
(a) A certified copy of the decree of adoption, or a certified abstract thereof on a form approved by the department of health, after the decree has become effective, shall be sent to the department. The department shall cause to be made a new record of the birth in the name of the individual, as fixed or changed by the decree, with the names of the adoptive parents and, upon request of both adoptive parents, or the sole adoptive parent if there is only one, that the name or names of either or both of the natural parents appear on the certificate, with the name of a natural parent who consents to be named on the certificate.
(b) If a new birth certificate is issued, the original birth certificate shall be sealed and filed with the decree or the abstract thereof, and the sealed package shall be opened only as provided in section 578-15(b).
(c) If the birth of the individual occurred outside of the State and a record of birth exists, the certified copy of the decree or the abstract thereof, shall be transmitted by the department of health to the birth registration authorities of the place of the individual's birth with a request that those authorities take appropriate action with respect to the record of the individual's birth. If the birth of the individual occurred outside of the State, or if the birth of an individual born in the State has not been registered with the department of health, or if other good cause exists, the clerk of the court, upon request, and with the approval of the family court, upon the finding of the court that the action is for the best interests of the individual involved, shall furnish to the adoptive parents, or to the individual, or to any proper person acting in their behalf, a certified copy or abstract of the decree of adoption or a certificate of adoption in a form approved by the court. If the parental rights of a parent or the parents of a minor child have been judicially terminated under chapter 571 prior to the entry of the decree, a certified copy of the decree shall be filed in the termination proceeding. [L 1945, c 40, pt of §2; am L 1947, c 47, §3; am L 1949, c 328, §1; am L 1953, c 115, pt of §1; RL 1955, §331-14; am L Sp 1959 2d, c 1, §19; HRS §578-14; am L 1973, c 211, §3(l); am L 1976, c 194, §1(8); am L 1980, c 153, §7; am L 1990, c 338, §4]
Cross References
Records and documents, see §338-20.
Rules of Court
New birth certificates, see HFCR rule 112.
Law Journals and Reviews
Privacy v. Secrecy: The Open Adoption Records Movement and Its Impact on Hawai`i. 15 UH L. Rev. 483 (1993).
Case Notes
Agreement of adoption not recorded, of no validity. 7 H. 273 (1888).
Provision for new record cited. 49 H. 273, 276, 283, 414 P.2d 925 (1966).
Cited: 45 H. 69, 80, 361 P.2d 1054 (1961).
2023 Hawaii Revised Statutes › Title 31. Family › 578. Adoption › 578-15 Secrecy of proceedings and records.

§578-15
Secrecy of proceedings and records.
(a) The records in adoption proceedings, after the petition is filed and before the entry of the decree, shall be open to inspection only by the parties or their attorneys, the director of human services or the director's agent, or any proper person on a showing of good cause therefor, upon order of the court. Except in the case of an individual being adopted by a person married to the legal birthing parent or non-birthing parent of the individual or unless authorized by the court, no petition for adoption shall set forth the name of the individual sought to be adopted or the name of either of the parents of the individual; provided that the legal name of the individual and the name of each of the individual's legal parents may be added to the petition by amendment during the course of the hearing thereof and shall be included in the decree. The hearing of the petition shall be in chambers and shall not be open to the public.
(b) Upon the entry of the decree, or upon the later effective date of the decree, or upon the dismissal or discontinuance or other final disposition of the petition, the clerk of the court shall seal all records in the proceedings; provided that upon the written request of the petitioner or petitioners, the court may waive the requirement that the records be sealed. The seal shall not be broken and the records shall not be inspected by any person, including the parties to the proceedings, except:
(1) Upon order of the family court upon a showing of good cause;
(2) After the adopted individual attains the age of eighteen and upon submission to the family court of a written request for inspection by the adopted individual or adoptive parents;
(3) After the adopted individual attains the age of eighteen and upon submission to the family court of a written request for inspection by the natural parents;
(4) Upon request by the adopted individual or adoptive parents for information contained in the records concerning ethnic background and necessary medical information; or
(5) Upon request by a natural parent for a copy of the original birth certificate.
As used in this subsection, "natural parent" means a biological birthing parent or non-birthing parent, or a legal parent who is not also the biological parent.
(c) The clerk of the court shall keep a docket of all adoption proceedings, which may be inspected only by order of the family court. [L 1945, c 40, pt of §2; am L 1953, c 115, pt of §1; RL 1955, §331-15; am L Sp 1959 2d, c 1, §20; HRS §578-15; am L 1973, c 211, §3(m); am L 1976, c 194, §1(9); gen ch 1985; am L 1987, c 339, §4; am L 1990, c 338, §5; am L 1991, c 45, §1; am L 2016, c 80, §2; am L 2023, c 160, §6]
Rules of Court
Confidentiality, see HFCR rule 79.
Law Journals and Reviews
Privacy v. Secrecy: The Open Adoption Records Movement and Its Impact on Hawai`i. 15 UH L. Rev. 483 (1993).
Case Notes
Cited: 45 H. 69, 79, 361 P.2d 1054 (1961).
2023 Hawaii Revised Statutes › Title 31. Family › 578. Adoption › 578-17 Guardian ad litem.

§578-17 Guardian ad litem.
Upon a finding by the court, in any stage of a proceeding under this chapter, that the best interests of a child whose adoption is sought herein will be served by the appointment of a guardian ad litem for said child, the court may appoint a guardian ad litem to preserve, protect and promote the best interests of the child. [L 1975, c 117, §1(2)]
Rules of Court
Guardians ad litem, see HFCR rule 17(c).
2023 Hawaii Revised Statutes › Title 31. Family › 578. Adoption › 578-18 Interpretation of words to be gender-neutral.

§578-18 Interpretation of words to be gender-neutral.
With regard to the rights, benefits, protections, and responsibilities of persons set forth in this chapter, all gender-specific terminology, such as "wife", "husband", "mother", "father", or similar terms, shall be construed in a gender-neutral manner. This rule of interpretation shall apply to all administrative rules adopted hereunder. [L 2023, c 161, §1]
Cross References
Interpretation of words to be gender-neutral, see §580-18.
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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)]
2023 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).
2023 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).
2023 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]
2023 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).
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 31. Family › 580. Annulment, Divorce, and Separation › 580-17 Domestic violence intervention.

§580-17
Domestic violence intervention.
Notwithstanding chapter 706 or any other law to the contrary, any sentence for domestic violence intervention specified by section 580-10 shall be imposed by the court, with or without probation. [L 2022, c 43, §2]
Cross References
Domestic violence intervention, see § §586-13 and 709-909.
2023 Hawaii Revised Statutes › Title 31. Family › 580. Annulment, Divorce, and Separation › 580-18 Interpretation of words to be gender-neutral.

§580-18 Interpretation of words to be gender-neutral.
With regard to the rights, benefits, protections, and responsibilities of persons set forth under this chapter, all gender-specific terminology, such as "wife", "husband", "mother", "father", "aunt", "uncle", "niece", "nephew", or similar terms, shall be construed in a gender-neutral manner. This rule of interpretation shall apply to all administrative rules adopted hereunder. [L 2023, c 161, §2]
Cross References
Interpretation of words to be gender-neutral, see §578-18.
2023 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, siblings of the half as well as the whole blood, a person and the child of the person's biological sibling, 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 one of the parties had an undivorced spouse 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; am L 2023, c 160, §7]
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).
2023 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 a married couple. [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); am L 2023, c 160, §8]
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).
2023 Hawaii Revised Statutes › Title 31. Family › 580. Annulment, Divorce, and Separation › 580-23 Former spouse living.

§580-23 Former spouse living.
A marriage may be declared null on the ground that one of the parties has an undivorced spouse living, on the application of either of the parties during the lifetime of the other, or on the application of the former spouse. [CC 1859, §1315; RL 1925, §2957; RL 1935, §4452; RL 1945, §12203; RL 1955, §324-3; HRS §580-23; am L 2023, c 160, §9]
2023 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 person having another spouse living, under the belief that the person 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; am L 2023, c 160, §10]
Case Notes
Cited: 3 H. 489, 495 (1873); 20 H. 633, 637 (1911).
2023 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).
2023 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 capacity; provided that no sentence of nullity shall be pronounced if it appears that the parties freely cohabited as a married couple after the party who lacked 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; am L 2023, c 160, §11]
2023 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).
2023 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)]
2023 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)]
2023 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).
2023 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).
2023 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]
2023 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]
2023 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).
2023 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).
2023 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]
2023 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)]