State Laws

• Hawaiian laws on adultery and property are very specific.Jupiterimages/Creatas/Getty Images
  
  States and districts that have laws regarding adultery are: Alabama, Arizona, Colorado, California, Florida, Georgia, Hawaii, Illinois, Minnesota, New York, Oklahoma, Ohio, Pennsylvania, South Carolina, Utah, Washington, D.C., West Virginia and Wyoming. These state laws vary greatly in complexity and detail. In Colorado, for example, the law states, "Any sexual intercourse by a married person other than with that person's spouse is adultery, which is prohibited." While in Hawaii, the law states that "when a divorce is decreed for the adultery or other offense amounting thereto, of the wife, the husband shall hold her personal estate forever, and he shall hold her real estate so long as they shall live; and if he shall survive her, and there shall be issue of the marriage born alive, he shall hold her real estate for the term of his own life, as a tenant by the courtesy; provided that the court may make such reasonable provision for the divorced wife out of any real estate that may have belonged to her, as it may deem proper."
  
  

Research Your Rights

• A lawyer can help you understand complicated legal terms in your state.Jupiterimages/Comstock/Getty Images
  
  There are two ways you can research your rights after having an affair. The first is to contact state government and read the lengthy documents surrounding the legal issues of adultery in your state. You could also talk to a family lawyer. Legal documents and laws are sometimes vague or difficult to understand, and an attorney familiar with family law can be a tremendous help when ascertaining your legal rights after an affair.
  
  

Divorce and Effects

• Legal effects of divorce that may be affected by adultery (depending on your state) can include your rights during division of property, money, and debts accrued during the marriage. Spousal support, child custody and child support are also major considerations of divorce that can be affected by infidelity.
  
  

No Fault Divorces

• If you have had an affair but your spouse cannot prove it, divorce is still a possibility. Some states allow residents to get a "no fault" divorce. In short, it is your right to ask for a divorce without proving an affair took place. In certain states, the couple must continue to be married but live apart for a set lenght of time (months or years) before they can go through divorce proceedings.