The Impact of Cell Phone Records on Adultery Cases in New Hampshire

          Contrary to many people's impressions, New Hampshire law does not require proving adultery by photographic or videotape evidence.  If this were so, adultery cases would be virtually non-existent.  Instead, New Hampshire law recognizes that circumstantial evidence often times provides credible, reliable facts for a court to determine whether the marriage was irretrievably broken down due to adultery.

          Accordingly, the law only requires that the person alleging adultery to prove that his or her spouse had the opportunity and the desire for the affair.  Cell phone records are often instrumental in establishing that the cheating spouse had the desire for an affair.  Cell phone records often establish the desire of the spouse by showing contact with an individual for long durations and during unusual hours.  By way of example, a husband who is contacting another woman at 2:00 am is probably good evidence that the husband is in a romantic relationship with that woman.  Similarly, a wife who is contacting another man every day on her way to work and on her way home from work is good evidence that the other man is more than just a friend.  Cell phone records are often supported by other evidence such as e-mails and text messages that would support the proof of desire.

          If you have any questions regarding any divorce, whether it be on adultery or other grounds, please contact one of the qualified attorneys at Hamblett and Kerrigan for a consultation.

Kevin P. Rauseo is a director at Hamblett & Kerrigan P.A.  He concentrates his practice in the areas of civil litigation, medical malpractice, personal injury, insurance defense and family law. He is a member of the Collaborative Law Alliance of New Hampshire. You can reach Attorney Rauseo at krauseo@nashualaw.com.

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