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Does a post-separation, pre-divorce relationship constitute adultery?

Christopher and Danielle Ross were divorcing – she filed on the grounds of irreconcilable differences, which is a code for no-fault divorce, while Christopher counter-filed on the grounds of alleged adultery. During the course of their divorce proceedings, Christopher started seeing another woman.

The question that is now being posed: can his post-separation affair be considered as adultery?

The New Hampshire Supreme Court seemed to think so, ruling that Christopher’s adultery had the effect of barring him from reeving a divorce on the grounds of her adultery (provided that it he could prove it even happened).

This is because divorce is a recourse given to an innocent spouse when the other has made a breach of the marriage contract such as adultery, abandonment, neglect, commission of a felony, and cruelty. In the past, more conservative states did not offer many grounds for divorce, while more lenient states allow more reasons to file a divorce.

Our attorneys at Marshall & Taylor PLLC negotiate agreements on behalf of our clients on cases that involve child custody, child support, divorce, alimony, and property and asset division distribution, among other family law and divorce issues. Speak with a qualified member of our legal team by calling our Raleigh, North Carolina offices today at (919) 833-1040.