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Hawaii: Grounds for Divorce in Hawaii
Each state has unique grounds in which a divorce may be granted by the court. When choosing the grounds for your divorce, you should always remember that you must have sufficient proof to the court that your marital situation warrants a divorce by the grounds you are requesting the divorce to be granted.
Grounds for Filing: The Complaint for Divorce must declare the appropriate Hawaii grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:
(1)The marriage is irretrievably broken;
(2)The parties have lived separate and apart under a decree of separation from bed and board entered by any court of competent jurisdiction;
(3)The parties have lived separate and apart for a period of two years or more under a decree of separate maintenance entered by any court of competent jurisdiction; or
(4)The parties have lived separate and apart for a continuous period of two years or more immediately preceding the application, there is no reasonable likelihood that cohabitation will be resumed.
(Hawaii Statutes - Title 580 - Chapters: 41)
Copyright Notice: The above synopsis of Hawaii grounds for divorce is original material which is owned an copyrighted by Divorce Source, Inc. This material has been adapted from applicable state laws and unauthorized reproduction is prohibited. Violation of this notice will result in immediate legal action.
If you do not fall under any of the above mentioned grounds for divorce/dissolution, you most likely should consider trying to save your marriage. Many spouses find that they do not meet the requirements of a waiting period, which can be very frustrating, but it is these waiting periods that are in effect in order to help prevent rash decisions to terminate a marriage.
Related Divorce Resources:
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- Locate a Hawaii Divorce Professional Near You
- Read More About Hawaii Divorce Laws
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