Legal Question in Family Law in New Hampshire

Re: Fault/No Fault Divorce

It is a judgment call in terms of the gain versus the animosity created. If the parties can agree on a settlement without raising the adultery issue, it tends to keep the lid on emotions. If the offending party is going to be unreasonable in a settlement in light of the behavior, then it may be worth it to seek divorce on fault grounds naming the adulterers as defendants. Of course, you must be able to prove the adultery.

The law in NH is "equitable distribution" which starts off at 50/50 but if one party is an adulterer then the equity would likely shift in favor of the other party.