REPORT TITLE:
Legal Notice for Divorce


DESCRIPTION:
Exempts impoverished persons from the legal notice requirement
when a divorce, annulment, or separation is filed. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2480
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO ANNULMENT, DIVORCE, AND SEPARATION. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that there is a need to
 
 2 provide an alternative form of service for a complaint for
 
 3 annulment, divorce, or separation for individuals who are
 
 4 impoverished and cannot afford the cost of publication of notice.
 
 5      The purpose of this Act is to exempt impoverished
 
 6 individuals from the legal notice requirements when filing for
 
 7 annulment, divorce, or separation if certain conditions are met.
 
 8      SECTION 2.  Section 580-3, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "580-3 Service.(a)  The complaint for annulment,
 
11 divorce, or separation, and the summons shall be served by an
 
12 authorized process server on the defendant personally if the
 
13 defendant is within the State, unless the defendant enters an
 
14 appearance in the case, and except as hereinafter otherwise
 
15 provided.
 
16      (b)  If service by an authorized process server is not
 
17 feasible or is inconvenient or if the defendant is [without]
 
18 outside the State, the court may authorize the service to be made
 
19 by any other responsible person, or the court may authorize
 
20 notice of the pendency of the action and of a time and place of
 

 
Page 2                                                     
                                     S.B. NO.           2480
                                                        S.D. 1
                                                        

 
 1 hearing, which shall be not less than twenty days after the
 
 2 giving of personal notice, to be given to the defendant
 
 3 personally by such person and in such manner as the court shall
 
 4 designate and the case may be heard and determined at or after
 
 5 the time specified in the notice.
 
 6      (c)  If the defendant is [without] outside the circuit, the
 
 7 court may authorize service by registered or certified mail, with
 
 8 request for a return receipt and direction to deliver to
 
 9 addressee only.  The return receipt signed by the defendant shall
 
10 be prima facie evidence that the defendant accepted delivery of
 
11 the complaint and summons on the date set forth on the receipt.
 
12 Actual receipt by the defendant of the complaint and summons sent
 
13 by registered or certified mail shall be equivalent to personal
 
14 service on the defendant by an authorized process server as of
 
15 the date of the receipt.
 
16      (d)  If it appears that the defendant has refused to accept
 
17 service by mail, or is concealing [oneself] the defendant's self,
 
18 or evading service, or that plaintiff does not know the address
 
19 or residence of the defendant and has not been able to ascertain
 
20 the same after reasonable and due inquiry and search for at least
 
21 fifteen days either before or after the filing of the complaint,
 
22 the court may authorize notice of the pendency of the action and
 
23 of a time and place of hearing, which shall not be less than
 

 
Page 3                                                     
                                     S.B. NO.           2480
                                                        S.D. 1
                                                        

 
 1 twenty days after the last publication of the published notice,
 
 2 to be given to the defendant by publication thereof at least once
 
 3 in each of three successive weeks in a newspaper suitable for the
 
 4 advertisement of notices of judicial proceedings, published in
 
 5 the State, and the case may be heard and determined at or after
 
 6 the time specified in the notice.
 
 7      (e)  If the plaintiff, as a result of impoverishment, is
 
 8 unable to publish notice as required by subsection (d), the court
 
 9 may authorize notice of the pendency of the action and of a time
 
10 and place of hearing, which shall not be less than thirty days
 
11 after the date of mailing of notice and a certified copy of the
 
12 pleadings and process, which shall be sent to the defendant at
 
13 the defendant's last known address by registered or certified
 
14 mail with a return receipt requested and a directive to deliver
 
15 to addressee only, and the case may be heard and determined at or
 
16 after the time specified in the notice."
 
17      SECTION 3.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 
19      SECTION 4.  This Act shall take effect upon its approval.