Grounds for Divorce in Hawaii

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Divorce may be defined as the legal ending of a marriage. Married couples do not have a legal or a constitutional right to seek a divorce, but states such as Hawaii generally grant divorces because to force a couple to stay married would go against public policy.

 

“No-fault” and “fault” are the two types of grounds, or justifications, for divorce in the United States. In some states, like Hawaii, no-fault is the only viable justification for divorce, even if fault grounds exist within the marriage. Other states allow the parties to select either a no-fault or a fault divorce. The Cornell University Law School website, law.cornell.edu, provides a comprehensive overview of divorce and separation law in the United States.

 

The United States first adopted the concept of no-fault divorce in the late 1960’s, and nearly all of states currently allow for some variation of it. A no-fault divorce is one in which the parties do not legally fault, or blame, each other for the divorce. Some examples of bases for a no-fault divorce include “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.”

 

In Hawaii, the grounds for a no-fault divorce are irretrievable breakdown of the marriage and a minimum of two years of separation, or the time apart required under a separation decree. If the separation decree has expired and no reconciliation has taken place, divorce proceedings may begin in Hawaii. For a full explanation of divorce law in the state of Hawaii, go to lawyers.com.

 

To file for divorce in Hawaii, the petitioner must have lived in the state for a minimum of six months. The divorce complaint can be filed either in the circuit court where the petitioner lives or the one in which the couple last resided. Uncontested divorce cases do not necessarily require a hearing under Hawaii divorce law if both spouses agree that the marriage is irretrievably broken. If one of the spouses denies that there has been an irretrievable breakdown of the marriage, the court may elect to delay the proceedings for 60 days and advise the spouses to seek marital counseling.

 

Many states require a “cooling-off” period of separation for a specific period of time before no-fault divorce proceedings can be initiated. During this time, the couple is required to live separate and apart with the intent that the separation will be permanent. The duration of the cooling-off period varies according to state law.  In Hawaii, up to one month after the decree is finalized, the court will fix the date that the divorce will become effectual.

 

Some states also allow fault grounds for divorce, although Hawaii does not. Common fault grounds may include cruelty, desertion, adultery, prison confinement, habitual intemperance (drunkenness or drug addiction), and impotency. There is no simplified dissolution process or joint petition under Hawaii divorce law.

 

The specific grounds necessitated for divorce vary widely across the United States. The American Bar Association provides a variety of information pertaining to divorce requirements state by state on their Section of Family Law website. A chart comparing all 50 states, including Hawaii, can be found at abanet.org.

 

*An example of a Hawaiian Divorce Settlement Agreement can be seen on Free Legal Aid.