› Real Experience
› Real Compassion
› Real Results

Super Lawyers Geoffrey Hamilton
Best Lawyers The Worlds Premier Guide
Peer Rated For Ethical Standards And Legal Ability 2016
Bar Register Preeminent Lawyers
Best Lawyers In Hawaii
Best Lawyers 2021 Hamilton and Chan LLC

What’s a no-fault divorce? 

On Behalf of | Apr 3, 2023 | Divorce

If you sue someone for financial compensation after they have caused an injury, you do often have to prove their negligence. For example, maybe you claim another driver caused a car accident. You could use the police report as evidence that they were at fault, showing that their negligence was the reason for your injuries and the related costs.

Some people take the same mindset to divorce. If you want to sue your spouse for a divorce, you may assume that you also have to prove fault. You are saying that your spouse did something to cause the breakdown of the marriage. You believe you have to prove this for the court to actually grant that divorce. But is this how it works?

No-fault divorces are the norm

This is how divorce used to work in many states, and there are still some states where you can decide to declare divorce based on fault. But the majority of states also have no-fault divorce laws, and these are the same ones that are used in Hawaii. You do not have to prove that your spouse caused the divorce. You do not have to assume responsibility for that divorce yourself. The court is not looking for you to prove anything to either grant or deny you the ability to get divorced.

Instead, you and your spouse can simply say that the marriage has been broken irretrievably and will not be fixed. If you are both in agreement and you would like to split up, the court is not going to deny it or look for any further reason for the divorce. Instead, they will just work with you on moving forward with things like dividing child custody or dividing ownership of your assets.

It’s important to understand the intricacies of modern divorce laws. Things have changed over the years. Take the time to look into the options at your disposal and the steps you’ll need to take.

FindLaw Network