Hawaii is a no-fault divorce, which means the dissolution of a marriage does not require proving a wrongdoing by either party. Unfortunately, many people hold misconceptions about no-fault divorce, likely because the concept simplifies the grounds for divorce but does not necessarily simplify the entire process. As a result, some divorcing parties make misinformed decisions.
Here are some common misunderstandings about no-fault divorce:
It makes divorce easy to get
Some people believe that no-fault divorce laws make it too easy to end marriages, potentially undermining the institution of marriage. However, no-fault divorce allows individuals to exit unhealthy or unhappy marriages without the need to prove fault, which can lead to less acrimony and better post-divorce relationships.
Only one party needs to want the divorce
While it’s true that in a no-fault divorce, one party can initiate the divorce without the consent of the other, the process itself isn’t necessarily simple. There can still be disputes about assets, alimony, child custody and other issues that need resolution either through mediation or in court.
The process will be quicker
This can be true in some cases, but not always. The duration of a divorce process can vary widely depending on the complexity of the couple’s assets, whether there are children involved and how contentious the negotiations are.
Why awareness is crucial in these cases
Knowing these nuances can help clear up misunderstandings and lead to a more informed approach to handling divorce proceedings. No-fault divorce has its complexities, which understandably causes confusion and hesitation. Nonetheless, with proper research and valuable legal guidance, divorcing parties can better understand their options and protect their rights.
