Are there any grounds for an at-fault divorce?

In Hawaii, there is a concept of at-fault divorce, which means that a spouse can seek a divorce based on the other spouse’s fault. This type of divorce requires one spouse to prove that the other spouse is at fault for the marriage’s breakdown. In Hawaii, at-fault grounds for divorce include adultery, extreme mental cruelty, willful desertion, habitual intemperance, and confinement for a lunatic asylum. Adultery is one of the most common grounds for at-fault divorce in Hawaii. Thus, if one spouse is found to have committed adultery, the other spouse may be awarded a divorce on grounds of adultery. A spouse may also seek a divorce on grounds of extreme mental cruelty, which refers to behavior that is so severe that one spouse is unable to reasonably live with the other spouse. Willful desertion, habitual intemperance, and confinement for a lunatic asylum are also grounds for at-fault divorce in Hawaii. The former refers to one spouse abandoning the other without just cause, while the latter two refer to serious physical or mental health issues that prevent a couple from maintaining a marriage. In most cases, to obtain an at-fault divorce in Hawaii, evidence must be presented to the court to show that one of the above grounds has been met. Most at-fault divorces take much longer to process than no-fault divorces since they require both parties to prove that one of these grounds exists.

Related FAQs

What is a child custody evaluation?
How is child custody determined?
What is a default divorce?
What is a postnuptial agreement?
How does jurisdiction affect a divorce?
What are the benefits of a short-term marriage divorce?
What are the residency requirements for divorce?
What is the difference between a contested and uncontested divorce?
What is a marital settlement agreement?
What is marital misconduct?

Are there any grounds for an at-fault divorce?

Related FAQs

Related Blog Posts