In New Hampshire, you may seek a no-fault divorce, or you can base your divorce on one of several acceptable fault grounds. No-fault divorces typically proceed faster and cost less, making it the preferred option to end a marriage.
Other advantages of a no-fault divorce include:
- Reduces stress and anxiety
- Imposes fewer hardships on children
- Keeps communication open (critical when you share kids)
However, there may be occasions when an at-fault divorce better serves you and your family.
What are the divorce grounds in New Hampshire?
You have several fault grounds to choose from when divorcing in the state. Examples include:
- Desertion (at least two years)
- Adultery
- Extreme cruelty
- Impotency
- Injury to physical or mental health
- Habitual drunkenness
- Imprisonment
If you are considering a fault-based divorce, you should understand that it can be hard to prove in a family law court.
Does an at-fault divorce ever make sense?
It depends on your circumstances and your divorce goals. Since each divorce is unique, you will likely benefit from seeking professional guidance when deciding how to end your marriage. For some, an at-fault divorce offers an opportunity to hold the other spouse accountable for their marital misdeeds. However, in most situations, a fault-based divorce provides few (if any) additional benefits.
Another thing to consider is that you will have to prove that your spouse engaged in the fault ground you selected. Further, your spouse has the right to defend against the accusations you make, possibly making your divorce take longer and cost more than with a no-fault divorce.
To help you decide, we suggest that you become familiar with New Hampshire divorce and property division laws before filing your petition.
