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Do you have to justify wanting a divorce?

On Behalf of | May 23, 2023 | Divorce

Divorce is a difficult decision that affects many aspects of a person’s life. One of the most common questions asked by those seeking a divorce is whether they have to justify their reasons for wanting to end their marriage. Hawaii is a no-fault divorce state, meaning a spouse does not have to prove fault or wrongdoing by the other party to file for divorce. 

The only requirement for divorce is that the marriage is irretrievably broken, and there is no reasonable prospect for reconciliation. This means if one spouse wants a divorce, they can file for it without needing the other spouse’s consent or agreement. Read on to learn how a no-fault divorce might play out.

Child custody and support

As already established, you do not have to justify your reasons for wanting a divorce. However, if you have children, you may have to justify your need for spousal support or certain custody demands. 

The court will consider the child’s best interests when making these decisions. If one parent has a history of abuse or neglect, this may affect their ability to obtain custody or visitation rights.

Property division

Marital property is divided according to the principle of equitable distribution. This means that property acquired during the marriage is divided fairly between the spouses but not necessarily equally. 

When deciding on property division, the court will consider factors such as the length of the marriage, the income and earning potential of each spouse and each spouse’s contributions to the marriage.

Spousal support 

Spousal support, also known as alimony, may be awarded to one spouse in a divorce if the court determines they need financial support. The purpose of spousal support is to help the receiving spouse maintain the same standard of living they had during the marriage.

In Hawaii, couples do not have to justify their reasons for wanting a divorce. However, your marriage’s unique setup will determine how the divorce plays out.

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