Family Law Flashcards
6 cards from real HI BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Family Law flashcards as text
In Hawaii, which of the following correctly describes the process for establishing paternity outside of marriage?
Answer: Paternity may be established by a voluntary acknowledgment signed by both parents or by a court order following genetic testing
Hawaii allows paternity to be established voluntarily through a signed acknowledgment by both parents or involuntarily through a family court proceeding using genetic testing.
Under Hawaii law, which of the following is a legally recognized ground for annulment of a marriage?
Answer: One party lacked capacity to consent due to being underage, intoxicated, or mentally incapacitated
Hawaii courts grant annulments when a marriage is void or voidable, including cases where a party lacked the capacity to consent due to age, intoxication, or mental incapacity.
In Hawaii family court, 'guardian ad litem' is a person appointed to:
Answer: Represent the best interests of a minor child in custody or abuse/neglect proceedings
A guardian ad litem is appointed by the Hawaii family court to investigate and advocate for the best interests of a minor child in proceedings affecting the child's welfare.
Under Hawaii law, when may a grandparent petition for visitation rights with a grandchild?
Answer: When the child's parent is deceased, the parents are divorced, or the child has been separated from the grandparent, and visitation is in the child's best interest
Hawaii statutes allow grandparents to petition for visitation under specified circumstances, with the court granting visitation only if it is in the best interests of the child.
In Hawaii, which of the following best describes how courts handle the division of a spouse's retirement or pension plan in a divorce?
Answer: The portion of the retirement benefit accrued during the marriage is marital property subject to division, often via a QDRO
In Hawaii, the marital portion of a retirement or pension plan is subject to equitable division and is typically divided using a Qualified Domestic Relations Order (QDRO).
Under Hawaii Revised Statutes, which of the following is required for a common-law marriage to be recognized in Hawaii?
Answer: Hawaii does not recognize common-law marriages formed within the state, but may recognize those validly created in other states
Hawaii does not permit the formation of common-law marriages within the state, but under conflict of laws principles, it will recognize a common-law marriage validly created in a state that allows them.