On August 23, 2016, the New Hampshire Supreme Court issued an opinion in Ross and Ross. It is a fascinating case about adultery and new relationships during a divorce. The outcome is a cautionary tale for persons seeking fault grounds for divorce.
The Facts
Husband and wife met in dental school and later married. Husband, who had his
The Facts
Husband and Wife divorce after forty-two years of marriage in 2005. The divorce decree divides the property and requires the Husband to pay $25,000 per year for ten years. However, the decree provided that alimony would stop if the Wife cohabitated with “an unrelated adult male.”
In 2010, the Wife moved from her
In November, I authored an article on same-sex marriages in the New Hampshire Bar News geared towards helping practioners understand unique issues in same-sex divorces. I reprint here the full article:
Practicing family law in one of the six states that recognizes same-sex marriage requires an understanding of the unique challenges that same-sex couples face
Same-sex marriage and divorce needs a larger solution then the state’s rights approach. Texas Governor Rick Perry, a potential presidential candidate, recently discussed his views on New York’s legalization of same-sex marriage. Perry said: “You know what? That’s New York, and that’s their business, and that’s fine with me. Our federal government is engaged with far
A premarital agreement, also called antenuptial agreement, is a written contract entered into in contemplation of marriage. A prenup can protect your separate property and address the division of assets in the event of divorce or death of a spouse. Findlaw has a short article listing the top 10 reasons a premarital agreement may be
With the same-sex marriage bill about to come to Governor Lynch’s desk, it is an appropriate time to examine the future of fault grounds in New Hampshire. Currently, New Hampshire has both fault and no-fault grounds for divorce. Only about 1% of divorces in New Hampshire are granted on the basis of fault. Of the nine
This week the New Hampshire House will vote on HB 436, a bill that would legalize same sex marriage in New Hampshire and allow any civil unioned couples to obtain the legal status of marriage. Currently, Massachusetts and Connecticut are the only states that allow same sex marriage. Several states, including New Hampshire, allow same sex
I read a post today that got me thinking from Attorney Ryan McKeen at his A Connecticut Law Blog titled Is CT’s civil union statute constitutional? Attorney McKeen ponders whether the civil union statute in Connecticut is unconstituional because it does not allow opposite sex couples to enter into a civil union. It is an
Today the Connecticut Supreme Court overturned the state’s ban on same-sex marriage in Kerrigan v. Commisioner of Public Health. Four years ago, eight same-sex couples sued the state of Connecticut, arguing that the statutory prohibition against same-sex marriage violated their rights to substantive due process and equal protection under the state constitution. The
When the Massachusetts Supreme Judicial Court issued the Goodridge decision legalizing same-sex marriage in the Commonwealth, many people inside and outside the state became concerned about couples coming from other states to marry in Massachusetts. In the first few days of same-sex marriage, marriage licenses were issued to non-residents, and have resulted in decisions such