Divorce

When a person files a divorce complaint in court, an “automatic restraining order” goes into effect and it lasts throughout the divorce proceeding unless:

• the parties agree otherwise; or
• the judge makes an order that changes the terms of the automatic restraining order.¹

The restrictions in the automatic order apply to the spouse who filed the divorce complaint immediately upon filing the complaint. It applies to the other spouse as soon as s/he is served with the summons and complaint.²

The automatic restraining order says that neither party can:

• remove their child from the island where the child currently lives;
• remove their child from the school that the child is currently attending;
• rack up any debts that would put a burden on the credit of the other party, unless it’s a reasonable amount of debt that is necessary for:
  • living and business expenses;
  • a child’s educational expenses; or
  • reasonable fees and costs related to litigating the divorce case;
• change the beneficiary of any life insurance policy, pension, or retirement plan, or pension or retirement investment account, unless:
  • the other spouse agreed to the change in writing; or
  • the judge ordered it;
• cause the other party or a minor child to be removed from coverage under an existing insurance policy, including medical, dental, life, automobile, and disability insurance; and
• sell, transfer, hide, remove, or in any way get rid of any property that belongs to either party, except if doing so is necessary because:
  • s/he has to pay reasonable living expenses or reasonable attorney’s fees and costs related to the divorce;
  • it is in the “ordinary and usual course of business” to do so – in other words, it’s something that the spouse has regularly done during the marriage;
  • the spouses agreed in writing that it is okay; or
  • it is required by the court.³

¹ HRS § 580-10.5(a), (e)
² HRS § 580-10.5(a), (a)(5)
³ HRS § 580-10.5(a)