STAND. COM. REP. NO. 1450
RE: S.B. No. 828
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirty-First State Legislature
Regular Session of 2021
State of Hawaii
Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 828 entitled:
"A BILL FOR AN ACT RELATING TO DIVORCE,"
begs leave to report as follows:
(1) Grant exclusive original jurisdiction in matters of divorce to the family court of the circuit in which an applicant is domiciled at the time the application is filed; and
(2) Repeal the requirement that a person be domiciled or physically present in the State for a continuous period of at least six months before completing a divorce.
Your Committee received testimony in support of this measure from the Hawai‘i State Coalition Against Domestic Violence, Hawaii Women's Coalition, AAUW of Hawaii, Domestic Violence Action Center, and one individual. Your Committee received comments on this measure from the Judiciary.
Your Committee finds that this measure clarifies the jurisdiction of the Family Court and enables individuals to complete a divorce in the State even if they are unable to be physically present in the State for a continuous period of time before filing.
Your Committee has amended this measure by:
(1) Changing the effective date to July 1, 3021, to encourage further discussion; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 828, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 828, H.D. 1, and be referred to your Committee on Finance.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
MARK M. NAKASHIMA, Chair