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HRS §580-71.5

Separation does not block divorce

If you already have a legal separation or separate maintenance decree, you can still file for divorce later. You can use evidence from before and after that decree. You just cannot use the same reasons that are barred by the separate maintenance law.

spouses

The statute, as written — Separation no bar to divorce

Any party to a matrimonial action in which a decree of separation from bed and board has been entered, or any party to an action for separate maintenance in which a decree has been entered, may, notwithstanding the existence of such a decree, institute a matrimonial action and petition for the dissolution of that marriage, on any ground other than those set forth in paragraphs (2) and (3) of section 580-41, and in support of such petition may introduce evidence relating to events and facts occurring and existing both prior and subsequent to the entry of the decree of separation from bed and board in the prior matrimonial action, or the prior action for separate maintenance.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§580-41 Divorce grounds

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.