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In re Blanchflower

New Hampshire Supreme Court

834 A.2d 1010 (2003)

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

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Issue

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Holding and Reasoning (Nadeau, J.)

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Dissent (Brock, C.J.)

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