§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).
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.