Are there any defenses to a divorce action?

Yes, there are defenses to a divorce action in Hawaii. When either spouse files for divorce, the other spouse may have legal defenses that protect them from the divorce. These defenses can be asserted if the spouse wishes to contest the divorce. One defense is either party was not a resident of the state of Hawaii for at least six months prior to filing. If this is the case, then the court might dismiss the action. Another defense is that either party was mentally incapacitated at the time of filing. If one of the parties was unable to make a decision due to a mental illness, the court may not grant the divorce. Additionally, if one party was coerced into taking the action by the other spouse, the court may not allow the divorce. This could include physical, emotional, or financial coercion. Finally, if the parties cannot meet the requirements for a no-fault divorce, then a trial may be necessary to prove fault. This means that one of the parties must show that the other spouse is responsible for the breakdown of the marriage. These are just a few of the potential defenses against a divorce action in Hawaii. Other defenses may apply depending on the facts of the case. It is important to speak with an experienced attorney to determine which defenses may be available.

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Are there any defenses to a divorce action?

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