In order to prove adultery in New Hampshire, there are several elements which circumstantial evidence. Two of these elements require evidence that the cheating spouse had both the desire and opportunity to have sexual intercourse with a person of the opposite sex who is not his/her spouse. Many times, the private investigator plays an integral role in proving these two elements. The private investigator’s surveillance can be effective in establishing the existence of an adulterous relationship, especially when there is video surveillance. It is hard for the cheating spouse to deny video proof of exchange of affection, such as kissing and hand holding with a member of the opposite sex. Further, video surveillance showing the adulterous spouse alone with the paramour in a private or secluded location, such as a hotel room, motel room, parked vehicle or other private areas, is often powerful evidence of the existence of an adulterous relationship.
Please contact an attorney at Hamblett & Kerrigan if you have any questions regarding adultery in your divorce case and/or using a private investigator in establishing an adultery case.
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.