§580-1 - Jurisdiction; hearing.
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.