When marital issues arise, divorce may sometimes be the path couples choose to take. However, it can become a complex situation when one spouse is in the midst of applying for citizenship. In this article, we’ll delve into the laws and procedures surrounding obtaining a divorce in New Hampshire when your spouse is in the process of applying for citizenship.
Requirements for Divorce in New Hampshire
Before we explore the specifics of divorcing when one spouse is applying for citizenship, it’s crucial to understand the requirements for divorce in New Hampshire. To obtain a divorce in the state, at least one of the spouses must have resided there for a minimum of one year. Additionally, the grounds for divorce must align with the state’s laws.
Grounds for Divorce in New Hampshire
In New Hampshire, divorce can be granted on the basis of either fault or no-fault. A no-fault divorce can be filed if the spouses have lived apart for a period of one year, with the petitioner noting that the marriage has irretrievably broken down. In contrast, fault divorces in New Hampshire require the petitioner to provide evidence for one of the following grounds:
- Adultery
- Impotence
- Extreme cruelty
- Desertion for a minimum of two years
- Conviction of a crime leading to imprisonment for more than a year
- Alcoholism or substance abuse
Can You Get Divorced If Your Spouse Is Applying for Citizenship?
Yes, indeed! You have the ability to obtain a divorce in New Hampshire even if your spouse happens to be in the process of applying for citizenship. The process of securing a divorce remains unaltered, irrespective of your spouse’s immigration status. However, it is essential to note that the divorce may have implications on your spouse’s citizenship application.
How Divorce Can Impact Your Spouse’s Citizenship Application
Filing for divorce while your spouse is in the midst of a citizenship application could potentially impact their application in the following ways:
- Altering Eligibility
The citizenship application process necessitates that the applicant be married to a U.S. citizen or a lawful permanent resident. In the event that you, as a U.S. citizen, decide to divorce your spouse, they may no longer meet the eligibility requirements.
- Disclosure of Marital Information
During the citizenship application process, applicants must provide in-depth information about their marital history. A divorce during this stage may prompt the need for additional information or disclosure, thereby potentially leading to delays in the application process.
Conclusion
To sum it up, obtaining a divorce in New Hampshire when one spouse is applying for citizenship is indeed possible, albeit with potential implications. If you find yourself contemplating divorce, it is crucial to seek guidance from a skilled attorney who can navigate you through the process and offer advice on the most suitable course of action.