Bill Text: HI HB747 | 2015 | Regular Session | Introduced
Bill Title: Marriage; Annulment, Divorce, or Separation; Domicile and Physical Presence Requirements
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2015-01-28 - Referred to JUD, FIN, referral sheet 2 [HB747 Detail]
Download: Hawaii-2015-HB747-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
747 |
|
TWENTY-EIGHTH LEGISLATURE, 2015 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to marriage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 580-1, Hawaii Revised Statutes, is amended to read as follows:
"§580-1 Jurisdiction; hearing. [(a)]
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[, except as provided in subsection (b)]. 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[, except as provided in subsection (b)]. 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. The
family court of each circuit shall have jurisdiction over all proceedings
relating to the annulment, divorce, and separation of civil unions entered into
in this State or unions recognized as civil unions in this State in the same
manner as marriages.
[(b) An action for annulment, divorce, or
separation may be commenced where neither party to the marriage meets the
domicile or physical presence requirements of subsection (a) at the time the
action is commenced, if:
(1) The marriage was solemnized under
chapter 572 in this State; and
(2) Neither party to the marriage is able
to pursue an action for annulment, divorce, or separation where the parties are
domiciled because both parties are domiciled in a jurisdiction or jurisdictions
that do not recognize their marriage.
There shall be a rebuttable presumption that a
jurisdiction will not maintain an action for annulment, divorce, or separation
if the jurisdiction or jurisdictions where the parties are domiciled do not
recognize the parties' marriage.
(c) Actions brought under subsection (b)
shall be commenced in the circuit where the marriage was solemnized and the law
of this State shall govern. Jurisdiction over actions brought under subsection
(b) shall be limited to decrees granting annulment, divorce, or separation that
address the status or dissolution of the marriage alone; provided that if both
parties to the marriage consent to the family court's personal jurisdiction or
if jurisdiction otherwise exists by law, the family court shall adjudicate
child custody, spousal support, child support, property division, or other
matters related to the annulment, divorce, or separation.]"
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken.
SECTION 4. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Marriage; Annulment, Divorce, or Separation; Domicile and Physical Presence Requirements
Description:
Repeals the provision allowing actions for annulment, divorce, or separation of a marriage solemnized in this State, where the parties do not meet state domicile or physical presence requirements, if the parties are domiciled in a jurisdiction that does not recognize the marriage.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
