What Constitutes Adultery in New Hampshire

Learning that your spouse has been unfaithful can be one of the most painful experiences a person endures.  The discovery of your spouse’s infidelity results in significant grief, anger, and feelings of betrayal.  These emotions can arise in situations where there has been sexual contact between a spouse and a third party, but can raise equally painful feelings when there has been “an emotional affair” where the spouse develops a significant, inappropriate emotional even if not sexual connection with a third party.  While many people consider such a situation an affair, New Hampshire law is much more limited in its definition of adultery.

In New Hampshire, adultery is limited to circumstances where the spouse has sexual intercourse with a person of the opposite gender. The New Hampshire Supreme Court has ruled that sexual intercourse does not include all types of sexual contact.  The Court states that sexual intercourse is limited to sexual acts that could lead the conception of a baby.  Accordingly, a homosexual affair does not rise to the level of adultery under New Hampshire law.  Equally, an emotional affair does not constitute adultery for purposes of obtaining an divorce.  However, an emotional affair which causes significant emotional distress to the innocent spouse may result in a separate fault ground known as “conduct to injure health and reason”.