When you’re experiencing marital problems, it’s not easy deciding what step you should take next. While divorce is an option, there are alternatives you may want to explore first. Legal separation is also available in Hawaii, which provides the opportunity to spend time apart in a manner similar to divorce. Before you can determine which is best for your situation, learn how they’re different below.

Legal Separation 

To obtain a legal separation in Hawaii, you must file a petition in family court and cite irreconcilable differences as the reason for the breakdown of your marriage. Issues regarding child custody and visitation, child support, the division of property, and alimony will also be addressed. This process is the same as filing for divorce.

However, even after a legal separation is granted, you will still be considered married in the eyes of the law. You won’t be able to remarry, and legal documents should still indicate your marital status.

During the separation, your spouse will continue to be your next of kin. Depending on the employer, you might be able to keep healthcare benefits under your spouse’s plan or vice versa. Should you decide to stay together, a legal separation is reversible. 

Divorce

In contrast, divorce is the permanent termination of a marriage. This means you can get remarried whenever you wish once the decree has been issued. Also, if you have a will in place, divorce automatically revokes any gifts you had intended to leave your ex-spouse.

You’ll lose your right to each other’s healthcare benefits, and court orders concerning child custody and visitation, child support, the division of assets, and alimony will be finalized. In the event you want to reconcile with your ex-spouse in the future, you will have to marry again.

If you’ve reached a crossroads in your marriage, turn to Coates Frey Tanimoto & Gibson, AAL, LLLC, in Honolulu for help deciding whether you should pursue a legal separation or divorce. They’ll offer valuable legal perspective and guidance during this emotionally difficult time. Backed by more than 35 years of experience, they’re well versed in family law and have successfully handled thousands of cases for residents across the Hawaiian Islands. Call (808) 524-4854 to schedule a free consultation, or visit them online for more information on their services.