So you think that its ok to date as soon as you and your spouse separate or once the divorce is filed?
Not so fast!
As part of a strategic decision, my advice to my client’s for many years has been NO. As you can guess, I am not always going to give you the ok to have fun. And, take the dating apps off your devices. Our New Hampshire Supreme Court has put the kabosh on doing any meet and greets until the divorce is final. In the very recent case of Ross v. Ross, the wife had an affair. The husband found out. Separation followed and wife filed for divorce. While the divorce was pending, husband had his own affair, starting 11 months after wife filed. You might think, gee why no fun for 11 months? The court, always the life of the party, says celibacy rules. No affairs until the case is done. It’s not over till it’s over. If you are reading this and having palpitations, take heart Let’s talk and figure out a good strategy to address the problem.

Good question, but there is a method to this madness. Adultery is very much alive and well in New Hampshire as a ground for divorce. Adultery can be a factor in the court’s decisions regarding dividing the parties assets. In some cases the court’s award is not affected by the adultery. In other cases, I have had client’s win between 55% up to 70% of the total marital assets because of the adultery. My strategy is that if the facts fit, I typically recommend that our filing for divorce includes adultery or at least reserves the right to claim further along in the case, that there was adultery. Timing is everything. Timing is important, very important. Too early in the case can torpedo a possible quick settlement. Too late in the case and you can lose the opportunity to include adultery as a ground and that can be a game changer in terms of the money you could receive.