J.R. v. K.R.

Summary

The Intermediate Court of Appeals of Hawaiʻi vacated a default divorce decree because it granted relief beyond the claims stated in the complaint, including changes to visitation, child support, and disposition of marital property. The court held that the defendant lacked notice and an opportunity to respond to those new claims before default, and remanded for further proceedings.

Holdings

1. A default judgment may not grant relief that is different in kind from or exceeds the relief prayed for before default. The family court abused its discretion by entering a divorce decree that imposed specific marital-property, child-support, and visitation terms not requested before default.
2. A party against whom default has been entered must receive notice of new claims or materially expanded relief before such relief may be included in a default judgment. Electronically filed documents requiring service must be conventionally served on a party who is not a JEFS user or who has not consented to electronic service.
3. The family court abused its discretion by entering the May 20, 2025 divorce decree with terms beyond those prayed for before default and without notice of the new claims.

Questions Presented

1. Whether a default divorce decree may grant relief different in kind from or exceeding the relief requested in the complaint.
2. Whether the family court could grant post-default relief concerning visitation, marital-property disposition, and child support without providing notice and an opportunity to respond.
3. Whether the family court abused its discretion by entering the challenged divorce decree.

Disposition

reversed_and_remanded