What is a fault divorce?

A fault divorce is a type of divorce in which one spouse is found to be primarily responsible for the failure of the marriage. In Hawaii, fault divorces are governed by Section 580-2 of the Hawaii Revised Statutes. In order to obtain a fault divorce, one spouse must prove that the other spouse is at fault and was responsible for the breakdown of the marriage. Common grounds for fault divorce include adultery, abuse, substance abuse, abandonment, and extreme mental cruelty. The spouse filing for a fault divorce must prove the other spouse’s fault with evidence, such as witness statements or medical records. In a fault divorce, a court may take into account fault when determining the division of marital property, custody of the children, and alimony. This means that the spouse who is at fault may be required to pay a larger portion of the debts or take a smaller portion of the marital property. A fault divorce may take longer and require more legal paperwork than an uncontested divorce. It can also be more expensive and emotionally draining. As such, it is important to consider all the possible consequences before filing for a fault divorce in Hawaii.

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