Legal Question in Family Law in Hawaii

Adultry in Hawaii - is it a non-issue for custody battle?

I have not disclosed to my spouse I know of his adultry.The pictures are on chips from the camera he has in his briefcase. 4 different women - pornography. One of them is the mother of one of his adult children--taken since we've been married 10 yrs. I am seeking a divorce. I have not let on that I know because of the comfort level of still living together until my house is ready to move into. The decree has not been signed, the husband and I disagree about physical joint custody and he wants to go to a mediator. .I am trying to decide if I should tell the spouse that I know of his adultry -- Hawaii is a no-fault state. Does it matter to the judge at all? I am getting a fair settlement, but the joint physical issue has now posed a challenge since we disagree. My lawyer says it would not have any bearing on the case and that it shouldn't come in. I can't help that it would have some bearing on character to the judge. What is the general opinion of revelealing this information to the judge?


Asked on 5/04/05, 4:45 pm

1 Answer from Attorneys
Jon Zahaby Tour bus, scenic and sightseeing, operation

Re: Adultry in Hawaii - is it a non-issue for custody battle?

I agree with you. I believe it will reflect on the fitness of your spouse to father the children. Additionally, the fact that Hawaii is a no-fault state has little or no bearing when you get into that little court room with the Judge in Family Court (the anything goes court). It will influence the decision. I have seen Courts swayed time and time again by whoever is more believable. Adulterers = Liars. You do the math.

Aloha, Jon A. Zahaby

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Answered on 5/04/05, 5:25 pm


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