In the Matter of Eric J. Dube and Jeannie Dube

Summary

The Supreme Court of New Hampshire reviewed a divorce decree awarding Eric J. Dube a fault-based divorce, an unequal division of marital property, and denying Jeannie Dube alimony. The court held that Eric was not an innocent party because he had committed adultery and therefore was not entitled to a fault-based divorce, but it upheld dissolution of the marriage based on irreconcilable differences. The court affirmed the alimony denial and unequal property distribution, and declined to review the challenge to the stipulated parenting plan because it was not preserved.

Holdings

1. Eric was not entitled to a fault-based divorce because his admitted adultery made him not an innocent party, and the record did not establish that Jeannie condoned the adultery. The divorce could nevertheless proceed on the no-fault ground of irreconcilable differences.
2. The trial court sustainably exercised its discretion in denying Jeannie's request for alimony.
3. The trial court made sufficient written findings and rulings to support its unequal division of marital property in Eric's favor, and the distribution was not an unsustainable exercise of discretion.
4. The court declined to address the challenge to the stipulated parenting plan because Jeannie did not raise the argument in the trial court.

Questions Presented

1. Whether Eric was an innocent party entitled to a fault-based divorce after admitting to adultery.
2. Whether the trial court properly denied Jeannie's request for alimony.
3. Whether the trial court adequately supported its unequal division of marital property with written findings and legally relevant considerations.
4. Whether Jeannie's challenge to the stipulated parenting plan was preserved for appellate review.

Disposition

other