Divorce can be a difficult and emotional process. In Hawai’i, the law allows for a no-fault divorce, making it easier for couples to separate without assigning blame.
Understanding how no-fault divorce works in Hawai’i can help couples navigate this challenging time.
Understanding no-fault divorce
In Hawai’i, a no-fault divorce means that neither spouse has to prove wrongdoing by the other. The only requirement is to state that the marriage is “irretrievably broken.” This means that the marriage cannot be saved, and both parties agree that divorce is the best option. By removing the need to prove fault, the divorce process can be less stressful and time-consuming.
Filing for a no-fault divorce
To file for a no-fault divorce in Hawai’i, one spouse must have lived in the state for at least six months. After meeting this residency requirement, the spouse can file a divorce petition with the court. The petition will state that the marriage is irretrievably broken, and no further proof is necessary. Once filed, the other spouse will be served with the divorce papers, and the process begins.
Division of property and child custody
Even in a no-fault divorce, you must address issues such as property division and child custody. Hawai’i courts will divide marital property fairly. This may not always mean a 50/50 split. The court considers factors like each spouse’s income and contributions to the marriage. For child custody, the court focuses on the best interests of the child, considering factors like the child’s needs and the parent’s ability to provide care.
Moving forward with a no-fault divorce
A no-fault divorce in Hawai’i offers a straightforward path for couples seeking to end their marriage without placing blame. By focusing on a fair resolution for both parties, the process can lead to a more amicable separation and allow both individuals to move forward with their lives.