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Divorce

adultery

Adultery is voluntary sexual intercourse between a married person and a person who is not his or her spouse. Adultery is a leading cause of divorce, and in some states may be relevant in determining who was at fault for the breakup of the marriage, and whether the innocent spouse is entitled to an unequal division of the assets.

In Hawaii, adultery is recognized as a misdemeanor offense under Section 707-717 of the Hawaii Revised Statutes. However, it is rarely prosecuted. In the context of divorce, Hawaii is a no-fault divorce state, which means that a divorce can be granted without the need to prove wrongdoing by either spouse. While adultery may be a contributing factor to the breakdown of the marriage, it does not typically affect the division of assets directly. Hawaii courts divide marital property according to the principle of equitable distribution, which aims to divide assets fairly, though not necessarily equally, based on a variety of factors. Adultery might indirectly influence the court's decisions if it has an impact on the financial situation of the spouses or the welfare of the children involved.

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Divorce

adultery

Individual & Family Legal Plan

Articles

Hawaii State Code

Divorce

adultery

Hawaii State Code

Articles