Adultery is “voluntary sexual intercourse between a married man and someone other than his wife or between a married woman and someone other than her husband.” A divorce may be granted if it is shown that one spouse engaged in an adulterous relationship, and the adulterous relationship was the primary cause of the breakdown of the marriage. It is a matter of common knowledge that eye witnesses are not usually available in adultery cases so that circumstantial evidence of both opportunity and inclination is considered competent evidence on the issue of adultery. By way of example, the presence of pornographic images and web pages for an escort service, the husband visiting a hotel room on two occasions for no more than an hour each time, and the husband’s admission to this relationship, is sufficient evidence to establish the fault grounds of adultery.
Kevin P. Rauseo is a former director at Hamblett & Kerrigan P.A. and has since been appointed as a Justice for the New Hampshire Circuit Court. Please feel free to contact another attorney at Hamblett & Kerrigan to discuss your legal issues.