Legal Question in Family Law in New Hampshire

Re: adultery

I'll assume that you are involved in a divorce and that you are your wife are separated. You are correct when you recite that adultery is a class B misdemeanor, however, you have to have proof of sexual intercourse. Your wifes attorney could not provide this information, so I'll assume that you are stating a Belief that this is the case, rather than relying on evidence such as eyewitness testimony, photographs, videorecordings, admissions or a determination of paternity inconsistent with the marriage. Unless you can prove that he or she knows that the purpose of your wife travelling out of state is to engage in sexual intercourse, you would be hard pressed to meet the burden of criminal intent... assumptions are not proof.