Introduction
Going through a divorce can be a complex and emotionally challenging process. Each state has its own set of legal requirements, further complicating matters. In the case of New Hampshire, a common question arises: can you get a divorce if you have been living apart from your spouse for an extended period? In this article, we will explore the legal requirements for divorce in New Hampshire and discuss how living apart may impact these requirements.
Understanding the Grounds for Divorce in New Hampshire
In New Hampshire, a divorce may be granted based on several grounds, which include:
- Adultery
- Extreme cruelty
- Imprisonment of the defendant for more than one year
- Desertion by the defendant for at least two years
- When the wife had a child by another man at the time of marriage
- When the defendant has been absent for two years and no information about their whereabouts is available or they are presumed dead
- Irreconcilable differences that have irreparably broken down the marriage
While living apart from your spouse may fulfill some of the requirements for divorce, it is important to note that it is not sufficient grounds for divorce on its own.
The Impact of Living Apart on Divorce in New Hampshire
Living apart refers to the situation where spouses have physically separated and have not resided together for an extended period. Typically, New Hampshire courts consider living apart to mean a period of at least one year without cohabitation. Although living apart alone is not a standalone reason for divorce, it can play a significant role as evidence while supporting other grounds such as extreme cruelty or irreconcilable differences.
Spouse Disagreement and Contested Divorces in New Hampshire
In New Hampshire, both spouses must agree to an uncontested divorce in order to proceed. If one spouse does not agree to the divorce, it becomes a contested divorce. In such cases, the couple will have to go to court, where the final decision on granting the divorce lies. If the grounds for divorce are valid, and the couple has been living apart for a considerable period, the court is likely to grant the divorce.
Potential Challenges
It is important to consider that even if the couple meets the requirements for divorce, living apart for an extended period can introduce complications in other aspects such as property division, child custody, and support. Since the couple has not been residing together, disputes may arise regarding financial responsibilities, debts, and bills acquired after the separation commenced. Seeking advice from an experienced family law attorney is advisable to navigate such challenges.
Conclusion
If you are contemplating a divorce in New Hampshire while living apart from your spouse, it is essential to understand that simply living apart is not sufficient grounds for divorce. However, it can serve as supporting evidence for other grounds such as extreme cruelty or irreconcilable differences. Seeking guidance from an experienced family law attorney is crucial to fully comprehend your legal options and navigate any potential obstacles throughout the process.