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In re Dube

Supreme Court of New Hampshire
44 A.3d 556 (2012)


Facts

Eric Dube (plaintiff) filed a petition for divorce from his wife, Jeannie Dube (defendant), on the ground of irreconcilable differences. Thereafter, Eric amended his petition to add an alternate fault ground for divorce, claiming that Jeannie had treated him so “seriously” as to “injure health or endanger reason.” Jeannie claimed that Eric was at fault for the breakdown of the marriage, because he had a one-time affair. The evidence produced at a hearing showed that, after learning of Eric’s adultery, Jeannie told Eric by telephone that she was going to kill their son and Eric’s child from a previous marriage, as well as Eric’s parents. Jeannie doused and attempted to ignite their marital home with gasoline. Additionally, Jeannie destroyed a portion of their home and property, and chased Eric’s father with an axe. Jeannie was charged with attempted murder, attempted arson, and criminal mischief. Prior to the final hearing in the divorce matter, Jeannie was convicted for arson and criminal mischief and sentenced to two to four years in prison. Consequently, Eric argued that Jeannie’s criminal conviction constituted a crime punishable with imprisonment for more than one year under the state’s causes for divorce. The trial court granted the divorce decree on the grounds of Jeannie’s criminal conviction and subsequent imprisonment. Jeannie appealed.

Rule of Law

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Issue

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Holding and Reasoning (Conboy, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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