PART III.ย 
DIVORCE



 



Law Journals and Reviews



 



ย  Why is My Client Nuts?... ย Dealing with the Difficult Divorce
Client.ย  II HBJ No. 13, at pg. 91.



 



ยง580-41ย  Divorce.ย  The family court
shall decree a divorce from the bond of matrimony upon the application of
either party when the court finds:



(1)ย  The marriage is irretrievably broken;



(2)ย  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)ย  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)ย  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,
ยง1; am L 1903, c 22, ยง2; am L 1909, c 25, ยง1; am L 1915, c 56, ยง1 and c 192,
ยง1; am L 1919, c 10, ยง1; RL 1925, ยง2965; am L 1931, c 196, ยง1; RL 1935, ยง4460;
am L 1935, c 27, ยง1; RL 1945, ยง12210; am L 1949, c 53, ยง29 and c 174, ยง1; am L
1951, c 287, ยง1; RL 1955, ยง324-20; am L 1957, c 72, ยง2; am L 1965, c 52, ยง3; am
L 1966, c 22, ยง6; am L 1967, c 76, ยง1; HRS ยง580-41; am L 1970, c 116, ยง1; am L
1972, c 11, ยง1]



 



Law Journals and Reviews



 



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



ย  The Case Against Uncontested Divorce Practice.ย  12 HBJ No. 4
Winter 1977, pg. 21.