When contemplating divorce in Hawaii, it's essential to understand the legal grounds upon which you can seek dissolution of your marriage. The Aloha State, like other jurisdictions, has specific criteria that must be met for a divorce to be granted. At Smith & Sturdivant, we're committed to providing you with the knowledge you need to navigate the complexities of divorce law in Hawaii. In this comprehensive guide, we'll explore the various grounds for divorce in the state and help you make informed decisions about your path forward.
1. No-Fault Divorce
In Hawaii, as in many other states, no-fault divorce is the most common ground for dissolution of marriage. Here, you don't have to prove that your spouse did something wrong to cause the marriage's breakdown. Instead, you simply need to state that your marriage is "irretrievably broken," meaning there's no hope of reconciliation. This no-fault option allows couples to divorce without assigning blame, which can make the process less emotionally charged and contentious.
2. Living Apart
Another ground for divorce in Hawaii is when spouses have been living separate and apart for at least two years without cohabitation or reconciliation. This period of separation serves as evidence that the marriage has broken down beyond repair. However, it's important to note that if you reconcile and live together for even a short time during this two-year period, the separation clock resets.
3. Adultery
Adultery is a fault-based ground for divorce in Hawaii. If you can prove that your spouse engaged in an extramarital affair, it can be used as a reason for the divorce. Be aware that proving adultery can be challenging, as it often requires concrete evidence or the admission of guilt by your spouse. Consulting with an experienced attorney is crucial if you plan to pursue divorce on these grounds.
4. Physical Abuse
Domestic violence is another fault-based ground for divorce in Hawaii. If you have been a victim of physical abuse by your spouse, it's important to seek help immediately, both for your safety and to document the abuse for legal purposes. A history of physical abuse can be used as grounds for divorce and may impact child custody and spousal support determinations.
5. Abandonment
Abandonment occurs when one spouse leaves the other without a valid reason and without the consent of the spouse being left behind. In Hawaii, if your spouse has abandoned you for at least one year, it can serve as grounds for divorce. Keep in mind that the legal definition of abandonment may vary, so consult with an attorney to ensure your situation qualifies.
6. Mental Incapacity
If your spouse has been declared mentally incapacitated by a court or has been institutionalized for mental illness for at least two years, this can serve as grounds for divorce in Hawaii. It's essential to provide appropriate documentation and legal evidence to support your case.
Your Path to a New Beginning
Navigating divorce can be emotionally challenging and legally complex, but understanding the grounds for divorce in Hawaii is a crucial first step. Whether you're pursuing a no-fault divorce, facing issues of fault like adultery or domestic violence, or dealing with other unique circumstances, having the guidance of an experienced attorney is invaluable.
At Smith & Sturdivant, we are dedicated to helping you through every step of the divorce process, from understanding your legal options to advocating for your rights. If you're considering divorce in Hawaii or have questions about your specific situation, don't hesitate to reach out to us for a confidential consultation.
Contact Smith & Sturdivant today to discuss your divorce case and take the first step toward a brighter future. We're here to provide the legal support and guidance you need during this challenging time. Your new beginning starts with us.