Legal Question in Family Law in New Hampshire
can he sue her?
I am in a serious lesbian relationship, a year in the making, with a woman who is legally separated. She and her soon to be ex husband can't divorce until August because of the mortgage on their home - to avoid default. She has since moved out of said home and into her own apartment. We plan to get a place together this summer. Her ex keeps threatening to sue her if she moves in with me. They have shared/equal custody of their 5 year old son. Is there really any legal threat or any course of action he can take against her? On what grounds can he sue her if we live together? I want us to continue with our plans, but not to incite a ridiculous legal process for her.
Thank you for your help.
1 Answer from Attorneys
Re: can he sue her?
Anyone can sue any other person. The question is who will prevail in court. There are many factors in your statements which need further clarification. For example, was the new relationship the cause of the breakdown in the marriage? Is the divorce settlement agremeent finalized? Is there any concern about the care of their child? And, as difficult as it might be, how much of his concerns are substantive and how much is emotional.
I regret that I can not provide a clear answer on these limited facts. You should retain an attorney and have that attorney give consideration to entering into discussions with the attorneys for the parties to the divorce.
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