Divorce is complicated – both emotionally and legally. Unfortunately, it can get even thornier when there is finger-pointing.

Hawaii is a no-fault divorce state and has been so since 1972. Meaning that generally speaking, a judge won’t make any decisions regarding whether one spouse’s actions were right or wrong during the marriage.

Here in the Aloha State, the judge will grant the divorce if one party wants to end the marriage and says it is irretrievably broken. Therefore, the court will make custody decisions regarding what’s in the child’s best interest, how much and who pays alimony and child support, and how the property is divided independently of any morality issues such as adultery.

  Among the advantages of no-fault divorce are the following:

  •       It’s simpler and provides more predictable and consistent outcomes
  •       If there is less conflict between the parties, it will be less stressful for children.
  •       Alimony and child support are based only on need and financial resources, rather than on inappropriate actions taken by one or both spouses.

Seth Harris, a senior associate at the PMK family law division, is available to assist you with divorce, and any other family law needs. Contact him at family@hawaiilegal.com.