2011 Hawaii Code
DIVISION 3. PROPERTY; FAMILY
TITLE 31. FAMILY
580. Annulment, Divorce, and Separation
§580-3.5 Personal judgment against absent defendant.


HI Rev Stat § 580-3.5 (2011 through Reg Sess) What's This?

[§580-3.5] Personal judgment against absent defendant. In any proceeding in the family court, the court shall have the power to render a personal judgment against a party who is outside of this State and over whom jurisdiction is acquired by service of process in the manner set forth in section 580-3(b) or (c), if the party was personally served with a copy of the summons or order to show cause and complaint or other pleading upon which the judgment is based and if the party was a domiciliary of this State (1) at the time that the cause of action which is the subject of the proceeding arose, or (2) at the time of the commencement of the proceeding, or (3) at the time of service. [L 1970, c 24, §1]

Rules of Court

Default judgment, see HFCR rule 55.

Case Notes

Where child support proceeding commenced when mother filed complaint for divorce, child support enforcement agency's motion for modification of child support payments filed twelve years later was "continuation of proceeding", and, under §580-47 and this section, court had continuing jurisdiction over non-Hawaii domiciliary father. 87 H. 209 (App.), 953 P.2d 968.

Hawaii Legal Reporter Citations

Division of real property located outside State. 78-2 HLR 78-1129.

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