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Grounds for Seeking a Legal Separation in Hawaii

On Behalf of | Jun 27, 2023 | Family Law

Legal separation is an option for couples who are considering divorce but want to live separately and divide their assets without actually ending their marriage. In Hawaii, there are specific grounds for seeking a legal separation that must be met. Here’s what you need to know about legal separation in Hawaii.

1. Incompatibility

Incompatibility is the most common ground for seeking a legal separation in Hawaii. It means that the couple cannot get along and their marriage is irretrievably broken. Incompatibility is a no-fault ground, which means that neither spouse has to prove that the other spouse did something wrong.

2. Mental Incapacity

If one spouse is mentally incapacitated and unable to make decisions, the other spouse may seek a legal separation. Mental incapacity means that the spouse has a mental illness or disability that makes it impossible to make decisions about the marriage.

3. Adultery

If one spouse has committed adultery, the other spouse may seek a legal separation. Adultery means that one spouse has had sexual relations with someone other than their spouse.

4. Desertion

If one spouse has deserted the other spouse for at least one year, the other spouse may seek a legal separation. Desertion means that one spouse has left the other spouse without any intention of returning.

5. Physical Abuse

If one spouse has physically abused the other spouse, the abused spouse may seek a legal separation. Physical abuse includes hitting, slapping, pushing, or any other type of physical violence.

What You Need to Know About Legal Separation in Hawaii

Legal separation is not the same as divorce. When you are legally separated, you are still married, but you are living separately. You will need to divide your assets and debts, and you may need to pay spousal support or child support.

If you are considering legal separation, it is important to contact our experienced family law attorneys. Coates Frey & Hackett, AAL, LLLC can help you understand your options and guide you through the legal process.