Sometimes married couples are emotionally ready to end their relationship but are not prepared to do so for other reasons, such as insurance benefits or tax purposes. In these situations, Hawaii residents can pursue a legal separation, a court order that defines terms for spouses to live separately without ending their marriage, as they would in a divorce.

A Guide to Legal Separation in Hawaii

What Is a Legal Separation?

In Hawaii, legal separation is a temporary, court-ordered status that results in spouses living separately, similar to a divorce. To start the process, a spouse who has lived in Hawaii for at least three months must file a separation petition in the family court where they reside. Petitioners can represent themselves or hire an attorney to file their petitions and act on their behalf during the proceedings.

How Does the Procedure Work?

The process of obtaining a legal separation also is known as seeking a bed and board decree. Filing spouses must state the cause of the separation, which usually is referred to as “irreconcilable differences” in the petition rather than alleging fault. When seeking a court award of spousal support, child support, or property, a spouse can show the other is at fault.

What Are Options for Resolving Disputes?

Like a divorce, obtaining a legal separation decree can take months or longer if the spouses do not agree. Mediation or negotiations between the parties or their attorneys can speed the process by producing a legal separation agreement. Once the court issues the decree, it is effective for two years, during which either spouse can seek a divorce.  

The Law Offices of Brian J. De Lima in Hilo, HI, offers advice and representation to people seeking legal separations and divorces. Drawing on more than 34 years of experience, this attorney provides legal services with skill and compassion while staying focused on his client’s goals and needs. Call (808) 969-7707 to schedule a consultation and visit the firm’s Google+ page for more information.