Deciding to end a marriage is never easy, especially when the underlying reason is physical or mental abuse. The challenges can feel overwhelming. Fortunately, in the state of New Hampshire, victims of domestic violence have the option to file for divorce and seek the necessary protection.
Grounds for Divorce in New Hampshire
New Hampshire follows a no-fault divorce system, meaning that assigning blame for the breakdown of the marriage is not required. There are two primary grounds for divorce in New Hampshire: irreconcilable differences and fault grounds.
Irreconcilable Differences
The most common grounds for divorce in New Hampshire are irreconcilable differences. This refers to significant conflicts or disagreements that ultimately lead to the breakdown of the marital relationship.
Fault Grounds
Fault grounds are another basis for divorce in New Hampshire, where one spouse is clearly responsible for the dissolution of the marriage while the other spouse is faultless. The fault grounds recognized in New Hampshire include:
- Adultery
- Impotence
- Extreme cruelty
- Desertion for more than two years
- Conviction of a crime
- Alcohol and/or drug abuse
Domestic Violence in New Hampshire
Domestic violence is treated as a serious offense in New Hampshire, and the state provides resources to support victims. If you find yourself a victim of domestic violence, it is crucial to understand the help available to you.
The state defines domestic violence as either an act or threatened act of violence against a person with whom the offender shares or has shared a romantic or familial relationship. Forms of domestic violence encompass physical abuse, sexual abuse, emotional abuse, and economic abuse.
Filing for Divorce Based on Domestic Violence
In New Hampshire, victims of domestic violence can file for divorce on the fault grounds of extreme cruelty. To do so, it is necessary to present evidence that your spouse has physically or mentally abused you. This evidence may come in the form of police reports, medical records, witnesses, photographs, or any other supporting documentation that strengthens your case.
Choosing to file for divorce based on domestic violence allows the court to issue a restraining order that provides protection for both you and your children. This restraining order can prohibit the abuser from making any form of contact with you, including visitation rights, and restrict their possession of firearms. In some cases, the court may also require the abuser to attend counseling or a program specifically designed for batterers.
Conclusion
The divorce process can be intricate, particularly when domestic violence is the catalyst for separation. Thankfully, in New Hampshire, victims of domestic violence have the legal right to seek protection through filing for divorce on fault grounds. It is essential for victims to seek guidance from experienced attorneys in order to safeguard themselves and their children throughout this challenging period. By understanding the available resources and taking appropriate legal steps, victims can find the support they need to move forward with their lives.