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What does it mean to have a no-fault divorce?

Hawaii is a beautiful place to live, but a divorce can quickly turn that feeling sour. As someone struggling with the end of your marriage now, it’s important that you know that you have support. There is always help for those going through struggles like yours.

Before you divorce, there is something you should know about Hawaii. Hawaii is a no-fault divorce state, which means that neither you nor your spouse has to prove that anyone did anything wrong to divorce.

What does it mean to have a no-fault divorce?

With a no-fault divorce, you don’t have to show that your spouse did anything wrong or that you committed some kind of fault to seek a divorce. A common ground for getting divorced is for “irreconcilable differences,” or another irreversible breakdown of your marriage.

Beneficially, no spouse can object to a petition for a no-fault divorce.

How long do you have to separate before you can divorce in Hawaii?

Since you will file without fault, you will need to live apart from your spouse for at least two years. You will also need to show that it’s not possible that you would cohabitate in the future. Once you file for divorce, there may be a waiting period that does not exceed one month.

There’s more to know about divorcing in Hawaii

There are many laws and standards that may affect your divorce in Hawaii. If you’re looking into getting a divorce or have been served with a divorce petition, it’s important for you to look into all your legal options before you discuss any possible settlements or resolutions to your case. Our website has more information about divorce and what to expect.