§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).
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580-42 OLD REPEALED.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.