Ross v. Ross: Celibacy pending adultery claim
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 own endodontist practice, helped his wife open and build her orthodontist practice. Considerable money was put into the venture. The couple separated the day that husband discovered wife was having an affair with another dentist. Wife filed for divorce 5 days after the parties separated alleging both fault and irreconcilable differences as grounds. Husband cross-petitioned for divorce on fault-based grounds, due to the wife’s alleged adultery and irreconcilable differences. The parties had been married for 9 years at the time they filed for divorce
Approximately 11 months after the divorce was file, husband began a sexual relationship with the ex-wife of the dentist wife was dating. Wife filed a motion to dismiss the adultery grounds pled against her. She argued the defense of recrimination, or in other words that the husband was no longer an “innocent spouse” because of his own adultery. The trial court agreed with wife and dismissed the husband’s fault grounds. The trial court issued a decree of divorce based on irreconcilable differences that divided the property with an intent to split it equall
The Appeal
Husband appealed the dismissal of the fault-based ground in his cross-petition for divorce, arguing that his sexual relationship, which occurred eleven months after the parties’ separation, could not be used as a basis for the defense of recrimination. Husband asserted that such a holding would require parties to remain celibate during years of litigation in a contentious divorce. Wife argued the trial court did not err in granting the motion to dismiss because the respondent was not an “innocent party” within the meaning of the statute. RSA 458:7 (2007
The Court examined RSA 458:7, which states that a divorce “shall be decreed in favor of the innocent party.” The statute requires that one be an “innocent party” at the time of the decree. The statute makes no exception for fault based grounds that arise prior to the final decree, regardless of whether they arise before or after the filing of the divorce petition. Therefore, the trial court correctly considered Husband’s post-petition conduct when deciding the motion to dismiss. The Court further stated the fact that Husband’s adultery did not lead to the breakdown of the marriage does not bar recrimination as a defense, stating “Causation is not an element of the defense of recrimination.” The Court affirmed the trial court’s decision to dismiss the fault grounds and grant a divorce on irreconcilable difference
The Takeaway
The conclusion of husband’s brief, artfully written by Attorney Joshua Gordon, argues: “It is not reasonable to suggest, in these times of protracted discovery and litigation, that a party to a divorce must remain celibate for the duration of the proceedings – here already longer than four years.” I happen to agree with him. Litigation can be a long and arduous process. While most divorces will settle within 6 months to 1 year, a small percentage can drag on. The longest divorce I have seen from start to finish has been 5 years. That is a long time to wait to date
Why pursue the adultery grounds in the first place? It appears in this case that there was some significant bad blood between the parties. Husband had helped wife open her orthodontic practice and contributed financially and emotionally to that endeavor. In return, wife carried on an affair with a colleague for approximately five years. Wife changed the locks to the house two days after husband left. Husband may have been pursuing the emotional victory of a fault based divorce for wife’s cheating
__________________________________________________________________________________________________________
BEWARE IN NH OF WHAT REALLY GOES ON UNDER THOSE BLACK JUDICIAL ROBES. The wife was carrying on an affair for approximately 5 years with another dentist while married. The couple separated the same day the husband found out. She then changed the locks on the home when the husband left 2 days later
It was 11 months after the wife had already filed for A divorce, declaring just only Irreconcilable differences, when the husband began sexual relations with the ex-wife of the dentist, whom his wife was cheating on him with, for 5 years before she was caught, and then filed for divorce. "Waiting a year before jumping into another relationship after filing for a divorce, seems to be a reasonable period of time to wait, and accept the first thing that a separation did occur, and second, the marital relationship was and is being dissolved." It is also said, "that Given now the length of the marriage into consideration, and the amount of remarriages, and re-divorces, that are now currently occurring in this country, only proves something needs to change, but everyone is different", the majority of psychologists have said
The wife then " filed a motion to dismiss the adultery grounds plead against her. She argued the defense of recrimination, or in other words that the husband was no longer an “innocent spouse” because of his own adultery. The trial court agreed with the wife and dismissed the husband’s fault grounds" All anyone can now say is, what in the hell is still going on with the NH Supreme Court, because they have been clearly lacking oxygen to the brain by still only just sitting proudly high behind a bench apparently. Can anyone explain how actions that completely occurred 11 months after a divorce was filed, can now become included as part of the cause for the divorce itself, that was already filed 11 months prior? NO, other than a murder. NH is well known for its high domestic violence that still is occurring that is only increasing daily. That was only intensified and aggravated by a decision made only by the hands of a NH judge. At least they still show no shame in having blatant stupidity
The court apparently examined RSA 458-7 but as always they apparently had to once again, invent and twist it into another new non-existing law. All because once again, it was to difficult for them to comprehend what is law that went directly right over their heads, only just the same as usual
FACT - A. The wife never once denied the guilty adulterous 5 year long affair she had with another dentist. Her husband waited until a year after the divorce was even filed, before having sexual relations again with someone other than his wife. Thus psychologist also have said, "it is not that highly unusual for the 2 innocent spouses who have experienced the same pain and suffering caused from the 2 guilty spouses and actually grow close from it." Take the famous country singer Shania Twain's divorce for example. She and the husband of the woman who had an affair with Shania's husband, are now together
FACT - B. Therefore, also in this case, the husband's pain and suffering was substantiated already by first finding out their were others having sexual relations with his wife for five years during their marriage. That now added the possibility and concerns of now also finding out, he was placed in the position of possibly receiving an STD from his wife without his knowledge or consent. Secondly, they also established he also was financially supporting at least 50% or more of the past 5 years of his own income towards what apparently became a false marriage, without his knowledge or consent. All for 5 years before the wife then was caught and then filed for divorce. It clearly sounds very familiar
FACT - C. Thus now also substantiating in a loss of 5 years of his income paid towards what was now a false marriage under false pretenses without his knowledge or consent. So yes, the NH Supreme Court were now indeed only very much in err once again with their ridiculous illegal warped decision making ways! My sympathy goes to Mr. Ross. The NH courts apparently will continue inhaling up the same tale pipe as Donald Trump has been, and apparently only is still doing so. Exactly the same way that Donald Trump, has been, and is still doing so to the entire country! Only in NH folks, only in NH
I hate to say I told you so NH. Blanchflower v blachflower (2003), Brosor v Brosor (2009), and last but never shall be the least Ross v Ross (2016). And the list is still growing ever so stronger as we speak for divorces caused by adultery in NH! The NH Supreme, family and criminal Courts are still making up their own illegal rules and laws, only as they feel what they should be. And Attorney Follender is still up to his eyeballs with the same illegal tricks in also doing so. Woman have begun contacting me now asking what to do about him and the NH judges who apparently outright disrespect the NH family laws
Other NH lawyers are now saying, "he's an idiot", or a "stupid fool", while also adding, "he's an insult to our profession." Still only perjuring himself on behalf of a client, with no evidence to prove what comes out of his mouth, for $5,000 or more retainer fees, while he only clearly still illegally gets away with perjury on behave of his clients. So you don't have to ask why he is not the only one doing this
The NH judicial branch only continues with their proud arrogance in stupidity, by just still accepting such illegal behavior, and by only behaving the same. Their never going to change. An entire government branch who lacks intelligence, and plain and simple, common sense. Millions of families have been wronged and are even still presently being so as we speak
How illiterate can one government branch blatantly truly become. I fight a brain injury every single day of my life now from a stroke. That was inflicted on me now by the family and criminal courts own stupidity and wrongful behavior. So what is their excuse. NH has even also become the leading No.1 state for having breast cancer now also if you haven't heard
So the good news is that you are only one state away from one of the top notch New England hospitals in Boston. Who is capable of saving your life after NH justices have clearly attempted to take it. Like Mass General Hospital saved my life from an arterial bleed on the brain from a stroke caused from being incapable to afford medications I required during a divorce, let alone survive a divorce in NH
The NH Supreme Court apparently still haven't learn how to even use a dictionary to define all laws let alone a calculator. Or apparently even truly learn the definition accurately for sexual intercourse either, for that matter
Even when the entire NH Supreme Court actually once did open a 42 year old dictionary just to define Sexual Intercourse on record!!! Never mind looking through an entire encyclopedia set of law books, or even just learn how one gets STD'S! So therefore there is truly nothing to be proud about in NH
All anyone can say is, the taxes you paid towards a worthless judicial justice system is not worth a single penny that you paid towards their salaries. Do not live in or move to NH. Mark my words, for you will end up paying dearly in more ways than one. Is it truly worth it? Absolutely not with the NH asinine judicial monarchy in place, only taking men, woman, and children's lives, only on a daily basis now
NH only is as NH keeps on getting. Stupid. Stupid. And even proved to be more stupid, when we thought that was not even capable or possible. NH finally proves only one thing, and that is that it is only truly possible to proudly but blatantly be, only that stupid. So your forced to only communicate in the same illiterate foreign way, as they do. That is not the USA's way. Shouldn't NH at least make a small attempt to get off the pot to get it right? Shame on you NH. Shame on you
__________________________________________________________________________________________________________
BEWARE IN NH OF WHAT REALLY GOES ON UNDER THOSE BLACK JUDICIAL ROBES. The wife was carrying on an affair for approximately 5 years with another dentist while married. The couple separated the same day the husband found out. She then changed the locks on the home when the husband left 2 days later
It was 11 months after the wife had already filed for A divorce, declaring just only Irreconcilable differences, when the husband began sexual relations with the ex-wife of the dentist, whom his wife was cheating on him with, for 5 years before she was caught, and then filed for divorce. "Waiting a year before jumping into another relationship after filing for a divorce, seems to be a reasonable period of time to wait, and accept the first thing that a separation did occur, and second, the marital relationship was and is being dissolved." It is also said, "that Given now the length of the marriage into consideration, and the amount of remarriages, and re-divorces, that are now currently occurring in this country, only proves something needs to change, but everyone is different", the majority of psychologists have said
The wife then " filed a motion to dismiss the adultery grounds plead against her. She argued the defense of recrimination, or in other words that the husband was no longer an “innocent spouse” because of his own adultery. The trial court agreed with the wife and dismissed the husband’s fault grounds" All anyone can now say is, what in the hell is still going on with the NH Supreme Court, because they have been clearly lacking oxygen to the brain by still only just sitting proudly high behind a bench apparently. Can anyone explain how actions that completely occurred 11 months after a divorce was filed, can now become included as part of the cause for the divorce itself, that was already filed 11 months prior? NO, other than a murder. NH is well known for its high domestic violence that still is occurring that is only increasing daily. That was only intensified and aggravated by a decision made only by the hands of a NH judge. At least they still show no shame in having blatant stupidity
The court apparently examined RSA 458-7 but as always they apparently had to once again, invent and twist it into another new non-existing law. All because once again, it was to difficult for them to comprehend what is law that went directly right over their heads, only just the same as usual
FACT - A. The wife never once denied the guilty adulterous 5 year long affair she had with another dentist. Her husband waited until a year after the divorce was even filed, before having sexual relations again with someone other than his wife. Thus psychologist also have said, "it is not that highly unusual for the 2 innocent spouses who have experienced the same pain and suffering caused from the 2 guilty spouses and actually grow close from it." Take the famous country singer Shania Twain's divorce for example. She and the husband of the woman who had an affair with Shania's husband, are now together
FACT - B. Therefore, also in this case, the husband's pain and suffering was substantiated already by first finding out their were others having sexual relations with his wife for five years during their marriage. That now added the possibility and concerns of now also finding out, he was placed in the position of possibly receiving an STD from his wife without his knowledge or consent. Secondly, they also established he also was financially supporting at least 50% or more of the past 5 years of his own income towards what apparently became a false marriage, without his knowledge or consent. All for 5 years before the wife then was caught and then filed for divorce. It clearly sounds very familiar
FACT - C. Thus now also substantiating in a loss of 5 years of his income paid towards what was now a false marriage under false pretenses without his knowledge or consent. So yes, the NH Supreme Court were now indeed only very much in err once again with their ridiculous illegal warped decision making ways! My sympathy goes to Mr. Ross. The NH courts apparently will continue inhaling up the same tale pipe as Donald Trump has been, and apparently only is still doing so. Exactly the same way that Donald Trump, has been, and is still doing so to the entire country! Only in NH folks, only in NH
I hate to say I told you so NH. Blanchflower v blachflower (2003), Brosor v Brosor (2009), and last but never shall be the least Ross v Ross (2016). And the list is still growing ever so stronger as we speak for divorces caused by adultery in NH! The NH Supreme, family and criminal Courts are still making up their own illegal rules and laws, only as they feel what they should be. And Attorney Follender is still up to his eyeballs with the same illegal tricks in also doing so. Woman have begun contacting me now asking what to do about him and the NH judges who apparently outright disrespect the NH family laws
Other NH lawyers are now saying, "he's an idiot", or a "stupid fool", while also adding, "he's an insult to our profession." Still only perjuring himself on behalf of a client, with no evidence to prove what comes out of his mouth, for $5,000 or more retainer fees, while he only clearly still illegally gets away with perjury on behave of his clients. So you don't have to ask why he is not the only one doing this
The NH judicial branch only continues with their proud arrogance in stupidity, by just still accepting such illegal behavior, and by only behaving the same. Their never going to change. An entire government branch who lacks intelligence, and plain and simple, common sense. Millions of families have been wronged and are even still presently being so as we speak
How illiterate can one government branch blatantly truly become. I fight a brain injury every single day of my life now from a stroke. That was inflicted on me now by the family and criminal courts own stupidity and wrongful behavior. So what is their excuse. NH has even also become the leading No.1 state for having breast cancer now also if you haven't heard
So the good news is that you are only one state away from one of the top notch New England hospitals in Boston. Who is capable of saving your life after NH justices have clearly attempted to take it. Like Mass General Hospital saved my life from an arterial bleed on the brain from a stroke caused from being incapable to afford medications I required during a divorce, let alone survive a divorce in NH
The NH Supreme Court apparently still haven't learn how to even use a dictionary to define all laws let alone a calculator. Or apparently even truly learn the definition accurately for sexual intercourse either, for that matter
Even when the entire NH Supreme Court actually once did open a 42 year old dictionary just to define Sexual Intercourse on record!!! Never mind looking through an entire encyclopedia set of law books, or even just learn how one gets STD'S! So therefore there is truly nothing to be proud about in NH
All anyone can say is, the taxes you paid towards a worthless judicial justice system is not worth a single penny that you paid towards their salaries. Do not live in or move to NH. Mark my words, for you will end up paying dearly in more ways than one. Is it truly worth it? Absolutely not with the NH asinine judicial monarchy in place, only taking men, woman, and children's lives, only on a daily basis now
NH only is as NH keeps on getting. Stupid. Stupid. And even proved to be more stupid, when we thought that was not even capable or possible. NH finally proves only one thing, and that is that it is only truly possible to proudly but blatantly be, only that stupid. So your forced to only communicate in the same illiterate foreign way, as they do. That is not the USA's way. Shouldn't NH at least make a small attempt to get off the pot to get it right? Shame on you NH. Shame on you
No comments:
Post a Comment