What is no-fault divorce?

What is no-fault divorce?

On Behalf of | Jul 28, 2020 | Divorce |

You and your spouse can only obtain a divorce in Hawaii through the satisfaction of certain requirements. “No-fault” is a category of legal grounds for divorce. 

No-fault divorce describes the process when the spouse filing with a court does not have to prove some action of the other person led to the breakup. 

What are the main requirements for no-fault divorce?

In Hawaii, you must have an irretrievably broken marriage, meaning that you and your spouse have no hope of resuming your spousal duties because you are no longer willing or able to live as a married couple. Irretrievable breakdown of a marriage is the ground for a no-fault divorce in this state. 

Additionally, you and your spouse must show that you did not live together in accordance with a decree entered by any court, and the two of you were unable to resolve anything after this period of separation. 

If there was no decree, you and your spouse must show that you did not live together for at least two years preceding the divorce filing. A court will make sure that you and your spouse are unlikely to move back in together, and that granting the divorce is not contrary to public interest. 

What are the residency requirements for divorce in Hawaii?

Hawaii law requires that either you or your spouse establish domicile or physical presence in the state a minimum of six months before you file. Domicile means you are physically present in Hawaii and intend to stay indefinitely. The state has the power to terminate the marriage after a court determines your domicile within the state. 

Can my spouse object to my request for divorce?

In Hawaii, there are no defenses to a divorce filing. Your spouse cannot try to stop a no-fault divorce by objecting to your petition. The very nature of making such an objection demonstrates to a court that there are irreconcilable differences in the marriage.