Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Thursday, April 8, 2021

New Hampshire: Same-Sex Adultery is Recognized

From The Union Leader:

In a unanimous ruling, the state Supreme Court on Thursday expanded the definition of the term adultery to apply to a spouse engaged in same-sex infidelity. The four justices overturned a 2003 decision (Blanchflower) that limited adultery to intercourse between members of the opposite sex.

In Blaisdell, the case involves the at-fault divorce allegation. A circuit court judge had determined that Mrs. Blaisdell’s alleged infidelity with another woman did not fit the definition of adultery set by the earlier court decision. Thursday’s ruling overturned that decision.

New Hampshire recognizes both no-fault and at-fault divorces. With at-fault divorce, a spouse alleges actions, such as adultery, that can challenge the expectation that marital assets will be divided equally. The case now returns to the divorce court.

Read more here.

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