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The community property concept originated in civil law jurisdictions but is now also found in some common law jurisdictions. U.S. states with community property laws draw primarily from the marital property laws under the civil law of France and Spain. [10] Division of community property may take place by item by splitting all items or by values.
The primary civil and criminal court in Hawaii is the body known as the Hawaii state circuit courts. They rule all jury trial cases and have exclusive jurisdiction over probate, guardianship and criminal felony cases as well as civil cases where the amount in controversy exceeds $25,000. The Hawaii State family courts deal with family law.
The National Association of Women Lawyers was instrumental in convincing the American Bar Association to create a Family Law section in many state courts, and pushed strongly for no-fault divorce law around 1960 (cf. Uniform Marriage and Divorce Act). In 1969, California became the first U.S. state to pass a no-fault divorce law. [15]
The Uniform Marriage and Divorce Act §307 (UMDA §307) [3] also allows for the equitable distribution of property and lists factors the court should consider, e.g. "the duration of the marriage, and prior marriage of either party, antenuptial agreement of the parties [which is the same as a prenuptial agreement or premarital agreement], the ...
Community property (United States) also called community of property (South Africa) is a marital property regime whereby property acquired during a marriage is considered to be owned by both spouses and subject to division between them in the event of divorce. Conversely, property owned by one spouse before the marriage, along with gifts and ...
The Hawai'i State Small Claims court is a division of the district courts. Its primary purview is civil cases in which the amount in controversy is $3,500 or less. If the party being sued counterclaims against the plaintiff bringing the suit, the small claims court will still retain jurisdiction if the counterclaim is $25,000 or less.
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