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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

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

    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.

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

    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.

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

    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.

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

    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.

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

    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.

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

    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.