Introduction
The state of Hawaii legalized same-sex marriages in December 2013, making it one of the 13 US states that recognize same-sex marriages. However, as much as marriage is a joyous occasion for many, there are instances where things go south and individuals find themselves seeking for separation and divorce. This article will outline the process of getting a divorce in Hawaii for those in a same-sex marriage.
What Is A Same-Sex Marriage?
A same-sex marriage is a legally recognized marriage union between two people of the same sex. In Hawaii, same-sex marriages have the same rights, benefits, and responsibilities as a heterosexual marriage.
Grounds For Divorce
In Hawaii, individuals seeking for a divorce must have valid grounds for separation. The state recognizes two grounds for divorce, namely no-fault, and fault grounds. No-fault grounds are the most commonly used grounds for divorce and refer to "irreconcilable marital differences." No-fault grounds mean that neither party is necessarily at fault for the marriage’s breakdown.
Fault grounds, on the other hand, are less common and require one party to prove that their spouse committed a wrongful act that led to the dissolution of the marriage. These faults can include adultery, domestic violence, or abandonment.
Filing For A Divorce In Hawaii
To initiate the divorce process in Hawaii, an individual must file a complaint with the state court. The complaint should outline the grounds for divorce and identify the parties involved in the marriage. It should also outline any arrangements made concerning property division, debt allocation, and child custody and support.
Division Of Property
The division of property in a same-sex marriage follows the same laws as a traditional marriage. Hawaii is an "equitable distribution" state, meaning that property is divided equitably, but not necessarily equally. The state aims to divide property in a way that is fair and just to both parties.
Child Custody And Support
Child custody and support are also subject to the same legal procedures in a same-sex marriage as they are in a traditional marriage. Custody arrangements are discussed and agreed upon during the divorce proceedings. In situations where the parties cannot come to an agreement, the court will make a decision that is in the best interest of the child.
Conclusion
Divorces are never easy to deal with, and the process of one can be complicated. Being in a same-sex marriage comes with its own challenges when it comes to divorce. However, the state of Hawaii recognizes same-sex marriages, and the process of getting a divorce in the state is the same for same-sex marriages as it is for traditional marriages. Seeking legal guidance during the divorce process is highly recommended to ensure all aspects are considered and that the best outcome is achieved.