Why Bother With Claiming that Adultery is the Cause for the Divorce?

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.