Divorcing your spouse is a decision that can be filled with emotional turmoil and various challenges. It is not uncommon for one partner to be more determined to end the marriage than the other. However, in the state of New Hampshire, it is possible to file for divorce even if your spouse does not share the same desire. Let’s delve into the divorce process in New Hampshire and understand how it works.
Different Grounds for Divorce in New Hampshire
Before a divorce can be granted in New Hampshire, the spouse initiating the divorce must provide valid grounds for dissolving the marriage. These grounds for divorce in New Hampshire encompass several factors, including:
- Adultery, which indicates infidelity within the marriage.
- Extreme cruelty, representing any severe harm or abuse inflicted upon a spouse.
- Desertion, which substantiates the absence of a spouse for a minimum of two years.
- Irreconcilable differences, the most prevalent grounds for divorce in New Hampshire. It implies the couple’s incapacity to mend their relationship due to incompatible dissimilarities.
Initiating the Divorce Filing in New Hampshire
Should you decide to file for divorce in New Hampshire, you will need to submit a comprehensive petition for divorce to the court. This petition must include detailed information about the grounds for divorce, as well as provide insights into any child custody, property, or financial matters related to the marriage.
Once the divorce filing is completed, your spouse will be duly notified of the filing and given an opportunity to respond. If your spouse fails to respond to the petition, the divorce proceedings will continue as an uncontested divorce.
Understanding a Contested Divorce in New Hampshire
However, should your spouse choose to respond to the divorce petition, the divorce will be deemed contested. With contested divorces, the court typically schedules a hearing to allow both parties an opportunity to present their case. During the hearing, the presiding judge will ultimately decide how to fairly divide property, assets, and clarify matters pertaining to child custody and financial support.
Securing Legal Representation and Navigating the Legal System in New Hampshire
Considering divorce in New Hampshire when your spouse is not in favor of it can be quite daunting. It is essential to seek the guidance and expertise of a seasoned divorce attorney. A proficient attorney will skillfully navigate the complex legal system, ensuring that your rights are safeguarded throughout the process.
In Conclusion
Although your spouse may oppose the idea of divorce, you are still able to file for divorce in New Hampshire. However, it is important to remember that the divorce process may become more intricate if your spouse contests the decision. By enlisting the assistance of a seasoned attorney, you can reduce potential complications and ensure that the divorce proceedings progress as smoothly as possible.