PART I. 
GENERAL PROVISIONS



 



§580-1  Jurisdiction; hearing. 
Exclusive original jurisdiction in matters of annulment, divorce, and
separation, subject to section 603-37 as to change of venue, and subject also
to appeal according to law, is conferred upon the family court of the circuit
in which the applicant has been domiciled or has been physically present for a
continuous period of at least three months next preceding the application
therefor.  No absolute divorce from the bond of matrimony shall be granted for
any cause unless either party to the marriage has been domiciled or has been
physically present in the State for a continuous period of at least six months
next preceding the application therefor.  A person who may be residing on any
military or federal base, installation, or reservation within the State or who
may be present in the State under military orders shall not thereby be
prohibited from meeting the requirements of this section. [L 1870, c 16, §2; am
L 1878, c 26, §1; am L 1903, c 22, §4 and c 33, §1; am L 1919, c 172, §1; RL
1925, §2966; am L 1927, c 126, §1; RL 1935, §4461; am L 1935, c 94, §1; RL
1945, §12211; am L 1949, c 53, §29; RL 1955, §324-21; am L 1957, c 72, §3; am L
1961, c 58, §1; am L 1965, c 76, §1; am L 1967, c 76, §2; HRS §580-1; am L
1973, c 211, §5(a); am L 1977, c 173, §1]



 



Law Journals and Reviews



 



  "Physically present" construed.  Haw Supp, 3 HBJ,
Fall 1965, at 20.



  For discussion of development of new approach to family
problems, see Divorce, Law and Psychology.  7 HBJ 73.



 



Case Notes



 



  One-year residence requirement does not violate equal
protection clause.  512 F.2d 430.



  Averments as to jurisdiction held sufficiently set forth.  7
H. 342.  Failure to allege that parties last lived together as husband and wife
within said circuit may result in dismissal of suit for lack of jurisdiction. 
9 H. 405.  Suit cannot be brought in circuit other than that in which the
parties last lived together.  19 H. 243.  Decree where court has jurisdiction
cannot be attacked collaterally.  23 H. 451, 455.  Reference to a master: 
power of divorce judge; taking of evidence; review of master's fee.  44 H. 442,
355 P.2d 33.  Jurisdiction, custody of children.  49 H. 20, 29-31, 407 P.2d
885.



  Public cannot, but persons of immature years may, be excluded
from courtroom.  22 H. 425, 428.



  "Residence" equivalent to "domicile".  23
H. 376, 377; 37 H. 223; 38 H. 261; 41 H. 37.  History of divorce courts
discussed; not common law courts.  24 H. 239.  Domicile of soldier or sailor. 
35 H. 461; 37 H. 223.  To acquire domicile.  40 H. 625. Domicile, evidence and
continuation of.  54 H. 60, 502 P.2d 380.



  The one-year residence requirement for divorce does not
violate the equal protection clause.  53 H. 302, 492 P.2d 939.



  Appeal from interlocutory order requires allowance of court. 
56 H. 662, 548 P.2d 251.



  Though wife had not been domiciled in Hawaii for the
continuous periods required under this section, as long as wife was domiciled
in Hawaii at the time wife filed for divorce, i.e., wife was physically present
in Hawaii with the intention of remaining indefinitely, family court had
subject matter jurisdiction to entertain the divorce action; family court was
then authorized to grant the divorce decree dissolving the marriage as long as
wife was domiciled in Hawaii for a continuous period of six months prior to
entry of the divorce decree. 94 H. 471 (App.), 16 P.3d 876.



  Relevant statutes, rules, and precedent did not permit wife
to directly attack in circuit court the validity of the property and
distribution part of the divorce decree; circuit court did not have subject
matter jurisdiction under §603-21.5 to do what wife must have had done to
obtain the relief wife sought; pursuant to §580-47 and this section, only the
family court could have granted that relief.  101 H. 370 (App.), 68 P.3d 644.



  Sections 572-1, 580-21, 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.



  Cited:  3 H. 300, 301; 20 H. 633, 635; 24 H. 29, 34; 30 H.
620, 621.