Q. Can I sue someone for adultery? I thought I read somewhere that if she keeps doing it, I can sue for it.  Help please.

A.

In NH, you can file for divorce on the ground of adultery.  If you can show that there was “intercourse,” you may seek additional assets or support as a result of that person causing the breakdown of the marriage. Adultery is no longer a criminal offense in NH. 

In MA, you can also file for divorce on the ground of adultery.  This Court is less likely to award remedies even if you can prove the adultery (unless you can show that the party spent marital funds or gave marital assets to the other person).  Adultery still remains on the books as a criminal action in MA but is not formally prosecuted.