HI Bar Family Law

Question 1

In Hawaii, what is the legal standard a court uses to determine child custody arrangements?

Accepted Answer

The best interests of the child

Answer

The preference of the primary wage earner

Answer

Automatic joint custody unless a parent objects

Answer

The preference of the child's maternal grandparents

Question 2

Under Hawaii law, which of the following is considered 'marital property' subject to division upon divorce?

Accepted Answer

Property acquired by either spouse during the marriage using joint funds

Answer

Property inherited by one spouse during the marriage, kept separate

Answer

A gift given exclusively to one spouse from a third party during marriage

Answer

Property owned by one spouse prior to the marriage

Question 3

Under Hawaii Revised Statutes, a married couple may obtain a divorce (dissolution of marriage) on which ground?

Accepted Answer

Irreconcilable differences (no-fault), making resumption of marital duties unreasonable

Answer

Adultery only

Answer

Physical abuse witnessed by a third party

Answer

Financial misconduct by one spouse

Question 4

In Hawaii, which of the following factors is NOT typically considered when awarding spousal support (alimony)?

Accepted Answer

Whether the supported spouse committed adultery

Answer

The length of the marriage

Answer

The standard of living established during the marriage

Answer

The earning capacity and financial resources of each spouse

Question 5

Under Hawaii law, when does a court have jurisdiction to enter a child custody order?

Accepted 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

Answer

Whenever the custodial parent resides in Hawaii

Answer

Only if both parents were born in Hawaii

Answer

Whenever the child is physically present in Hawaii at the time of filing

Question 6

In Hawaii, a prenuptial (premarital) agreement is enforceable UNLESS:

Accepted Answer

It was executed involuntarily or its terms were unconscionable at execution

Answer

It was signed more than one year before the marriage

Answer

It was not approved by both sets of parents

Answer

It was drafted by the same attorney for both parties