HI Bar Family Law 1 — Questions and Answers
Question 1: In Hawaii, what is the legal standard a court uses to determine child custody arrangements?
- The preference of the primary wage earner
- The best interests of the child (Correct answer)
- Automatic joint custody unless a parent objects
- The preference of the child's maternal grandparents
Correct answer: The best interests of the child
Hawaii courts determine child custody based on the best interests of the child standard, considering factors such as the child's relationship with each parent and stability.
Question 2: Under Hawaii law, which of the following is considered 'marital property' subject to division upon divorce?
- Property inherited by one spouse during the marriage, kept separate
- Property acquired by either spouse during the marriage using joint funds (Correct answer)
- A gift given exclusively to one spouse from a third party during marriage
- Property owned by one spouse prior to the marriage
Correct answer: Property acquired by either spouse during the marriage using joint funds
In Hawaii, property acquired during the marriage using marital funds is generally treated as marital property subject to equitable division upon divorce.
Question 3: Under Hawaii Revised Statutes, a married couple may obtain a divorce (dissolution of marriage) on which ground?
- Adultery only
- Irreconcilable differences (no-fault), making resumption of marital duties unreasonable (Correct answer)
- Physical abuse witnessed by a third party
- Financial misconduct by one spouse
Correct answer: Irreconcilable differences (no-fault), making resumption of marital duties unreasonable
Hawaii is a no-fault divorce state and allows dissolution on the ground that the marriage is irretrievably broken due to irreconcilable differences.
Question 4: In Hawaii, which of the following factors is NOT typically considered when awarding spousal support (alimony)?
- The length of the marriage
- The standard of living established during the marriage
- Whether the supported spouse committed adultery (Correct answer)
- The earning capacity and financial resources of each spouse
Correct answer: Whether the supported spouse committed adultery
Hawaii is a no-fault divorce state, and courts awarding spousal support focus on financial need and ability to pay rather than marital misconduct such as adultery.
Question 5: Under Hawaii law, when does a court have jurisdiction to enter a child custody order?
- When the child has lived in Hawaii for at least 6 months (or since birth if under 6 months), making it the home state (Correct answer)
- Whenever the custodial parent resides in Hawaii
- Only if both parents were born in Hawaii
- Whenever the child is physically present in Hawaii at the time of filing
Correct answer: When the child has lived in Hawaii for at least 6 months (or since birth if under 6 months), making it the home state
Under the UCCJEA as adopted in Hawaii, a court has jurisdiction if Hawaii is the child's 'home state,' meaning the child lived there for at least six consecutive months before the proceeding.
Question 6: In Hawaii, a prenuptial (premarital) agreement is enforceable UNLESS:
- It was signed more than one year before the marriage
- It was executed involuntarily or its terms were unconscionable at execution (Correct answer)
- It was not approved by both sets of parents
- It was drafted by the same attorney for both parties
Correct answer: It was executed involuntarily or its terms were unconscionable at execution
Hawaii's Uniform Premarital Agreement Act provides that a prenuptial agreement is unenforceable if it was not voluntarily executed or if it was unconscionable when made.
HI Bar Family Law 1
In Hawaii, what is the legal standard a court uses to determine child custody arrangements?