In re Blanchflower
New Hampshire Supreme Court
834 A.2d 1010 (2003)
- Written by Heather Whittemore, JD
Facts
While David G. Blanchflower (plaintiff) and Sian E. Blanchflower (defendant) were married, Sian had an affair with another woman, Robin Mayer. David filed for a no-fault divorce from Sian, but he later amended his petition to a fault divorce on the grounds of adultery under New Hampshire Revised Statutes Annotated (RSA) 458:7. RSA 458:7 did not define adultery or give a specific legislative purpose for enacting the law. Mayer filed a motion to dismiss David’s petition for a fault divorce, arguing that a homosexual relationship between a married person and another person did not qualify as adultery under RSA 458:7. David argued that a homosexual relationship did qualify as adultery under RSA 458:7, because the purpose of the adultery ground for a fault divorce was to give relief to an innocent spouse if a guilty spouse was unfaithful. The trial court denied Mayer’s motion, and Mayer appealed.
Rule of Law
Issue
Holding and Reasoning (Nadeau, J.)
Dissent (Brock, C.J.)
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