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Adultery

Have you been accused of adultery? If you are accused of adultery in New Hampshire, there are several things you need to know. First, and foremost, you need an experienced divorce attorney who is well-versed in the laws pertaining to adultery.

Before your case goes before a judge or magistrate, call family law lawyer Michael Anzalone for help. He’ll make your case a priority and ensure that your rights are protected as well as the rights of your children.

Every marriage has its ups and downs. But if you’ve been unfaithful to your spouse, there is probably going to be a tremendous amount of pain, anger and even grief involved. Andy you’re likely facing a painful divorce.

What is Adultery?

In New Hampshire, state statute RSA 458:7 defines adultery as a situation in which a spouse has sexual intercourse with someone else of the opposite sex. And it’s important to understand that the New Hampshire Supreme Court has ruled that sexual intercourse doesn’t include all kinds of sexual activity. In the court’s opinion, sexual intercourse is limited in a very strict way to an act that can lead to conception of a baby.

Under state law, a same-sex affair doesn’t fit the definition of adultery. Neither does an emotional affair.

Adultery is what is called a “fault ground” for divorce in New Hampshire. The person who had the affair with the husband or wife is also part of a divorce proceeding and is called a co-respondent in legal terms.

What is the Procedure for Divorce?

Your divorce lawyer can help you understand the ins and outs of state laws pertaining to divorce. In general, the person accusing a spouse of adultery must prove that they had “voluntary sexual intercourse” with someone outside of the marriage. Remember, they have to provide specific proof that the infidelity occurred. It can’t be circumstantial evidence.

So, adultery is not easy to prove. Again, your divorce attorney can help determine the kind of evidence you’ll need when your case goes before a judge.

There are definitely cases in which it is best to file an adultery claim in a divorce proceeding. Often adultery causes a marriage to fail. This is especially true in cases where the husband or wife is habitually unfaithful. And it often causes the other spouse tremendous pain and suffering. Medical records can sometimes be used to show that the affair caused the other spouse to suffer from depression, or some other kind of mood anxiety, or even substance abuse.

But you must know from the outset that a divorce claim based on an adultery charge can be extremely costly. In a fault-based case, the other spouse would need to admit to adultery and that almost never happens. This is a major reason people choose against a divorce based solely on that claim.

What Happens to the Children?

An adultery finding has no effect on parental rights unless the circumstances are found to cause harm to the children. This could include the spouse accused of cheating being in a relationship with someone who is abusing drugs or alcohol.

If you are accused of adultery and your spouse is seeking a “fault-based” divorce, you’ll want to contact divorce lawyer Michael Anzalone at The Anzalone Law Firm in Nashua, New Hampshire.

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