What are the grounds for divorce?
In the state of Hawaii, the grounds for divorce are commonly referred to as the "fault" and "no-fault" grounds for divorce. Fault grounds include adultery, habitual drunkenness, physical or mental abuse, desertion, neglect, and confinement in jail for a certain amount of time. No-fault grounds are more common and are simply based on living apart for a certain period of time without cohabiting. Under the no-fault law, couples can file for a divorce if they have been living apart for two or more consecutive years. Other conditions may be acceptable reasons for divorce under Hawaii law. For example, if a spouse has a drug or alcohol addiction, the court may consider this a valid ground for divorce. If one spouse is convicted of a felony and is sentenced to prison for a period of time, the court may grant a divorce on this ground. Divorce laws in Hawaii also provide mechanisms for couples to come to an agreement regarding division of property and child custody in the event of a divorce. This is known as a "separation agreement," and is often reached through mediation or a court-ordered divorce settlement. In conclusion, Hawaii operates under both fault and no-fault divorce laws, with a variety of valid grounds for divorce that can be accepted by the court. Divorcing couples may also be able to come to an agreement on issues such as division of property and child custody, thus avoiding the court having to make decisions for them.
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