REPORT TITLE:
Legal Notice for Divorce


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

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2480
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   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 the
 
18 State, the court may authorize the service to be made by any
 
19 other responsible person, or the court may authorize notice of
 

 
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                                     S.B. NO.           2480
                                                        
                                                        

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

 
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                                     S.B. NO.           2480
                                                        
                                                        

 
 1 place of hearing, which shall not be less than twenty days after
 
 2 the last publication of the published notice, to be given to the
 
 3 defendant by publication thereof at least once in each of three
 
 4 successive weeks in a newspaper suitable for the advertisement of
 
 5 notices of judicial proceedings, published in the State, and the
 
 6 case may be heard and determined at or after the time specified
 
 7 in the notice.
 
 8      (e)  If the plaintiff, as a result of impoverishment, is
 
 9 unable to publish notice as required by subsection (d), the
 
10 plaintiff shall file an affidavit attesting to impoverishment and
 
11 to the fact that after due and diligent search, the whereabouts
 
12 of the individual sought to be served are unknown.  Upon such
 
13 filings, the court may order that service be made by forwarding a
 
14 certified copy of the pleadings and process to the individual at
 
15 the last known address by registered or certified mail, with a
 
16 return receipt requested, and a directive to deliver to addressee
 
17 only.  Service shall be complete thirty days after mailing, the
 
18 plaintiff shall attest to the fact of the mailing and the date
 
19 thereof by affidavit, attaching the sender's receipt for the mail
 
20 and, if available, the return receipt and envelope."
 
21      SECTION 3.  New statutory material is underscored.
 
22      SECTION 4.  This Act shall take effect upon its approval.
 
23 
 
24                       INTRODUCED BY:  ___________________________