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2016 Developments In The Law About Adultery

It used to be that the courts would consider most of what divorcing individuals did after the petition for divorce was filed, after they separated, had little impact on a its decision about property division and fault grounds (this never applied to parenting issues).  Adultery, for example, needed to have caused the breakdown in the marriage, and if the couple had already separated and filed for divorce, a subsequent new relationship was not relevant.  Not so fast, said the NH Supreme Court.

   Last year, the Court looked again at individual's behavior during the post filing period (that seemingly endless time between filing the petition for divorce and the final divorce decree) when it considered whether one party could claim adultery against the other party.  To claim adultery against your spouse, the law requires the "claimer," or wronged spouse, to be innocent of that behavior themselves.  You can not claim that your spouse committed adultery if you committed a…

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