What is marital misconduct?

Marital misconduct is a term used in divorce law in Hawaii to refer to any wrongdoings committed by either spouse in the marriage. This can include physical abuse, adultery, extreme cruelty, or any other form of behavior that could damage the marriage. In Hawaii, marital misconduct is considered when a court decides on matters such as alimony, child custody, or property division. In a situation where marital misconduct is proven, the court may take into consideration any financial losses or physical injuries inflicted by one of the spouses, as well as the emotional distress suffered by the other. The court can also consider the behavior of both spouses in determining a just outcome. In cases where one spouse has committed serious wrongdoings, the court may award the other spouse a large sum of money, or a larger share of the marital assets. The court may also take into account the length of the marriage and the future prospects for both parties if the marital misconduct had not taken place. Overall, courts in Hawaii have a broad discretion to consider any relevant factors when deciding on a divorce case involving marital misconduct.

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