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

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?

Accepted Answer

Property acquired by either spouse during the marriage using joint funds

Answer

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?

Accepted Answer

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

Answer

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)?

Accepted Answer

Whether the supported spouse committed adultery

Answer

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?

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

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.

HI Bar - Hawaii Bar Exam Practice Test

HI Bar - Hawaii Bar Exam Practice Test

HI Bar Family Law