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).
Structure Hawaii Revised Statutes
580. Annulment, Divorce, and Separation
580-2 Commencement of action; summons.
580-3.5 Personal judgment against absent defendant.
580-6 Guardian ad litem for incompetent defendant.
580-7 Examination of parties to prevent collusion.
580-8 Procedure when collusion suspected.
580-10 Restraining orders; appointment of master.
580-10.5 Automatic restraining order.
580-11 Care, custody, education, and maintenance of children pendente lite.
580-12 Sequestration of property.
580-13 Security and enforcement of maintenance and alimony.
580-14 Renumbered as §571-52.1.
580-15 County attorneys to represent court.
580-16 Divorce decree, support order; social security number.
580-23 Former husband or wife living.
580-24 Allowance for spouse and family.
580-25 Inheritance by children.
580-26 Lack of mental capacity.
580-27 Legitimacy in case of annulment.
580-29 No annulment solely on confessions.
580-41.5 Battered spouses; exemption from mediation in divorce proceedings.
580-42 OLD REPEALED. §580-42 Irretrievable breakdown.
580-42.5 Recrimination no defense.
580-44 Persons affected with Hansen's disease represented by attorney general.
580-46 Final judgment; nunc pro tunc entry; validation of certain marriages.
580-47 Support orders; division of property.
580-47.5 Notice to parties with children.
580-49 Support of insane spouse after divorce.
580-51 Modification of alimony on remarriage.
580-52 Marriage after divorce.
580-56 Property rights following dissolution of marriage.
580-71 Grounds for separation.
580-71.5 Separation no bar to divorce.
580-72 Married persons may bring action in own name.
580-74 Support of spouse and children.