Divorce, a complex and emotionally challenging process, is an important decision that should not be taken lightly. If you are contemplating divorce in the state of New Hampshire, you may find yourself wondering whether a relatively short period of separation is sufficient grounds for initiating the proceedings.
Separation Requirements In New Hampshire
New Hampshire does not impose any specific time requirements for separation prior to filing for divorce. However, the law does stipulate that both you and your spouse must have resided apart continuously for at least 12 months before a final divorce decree can be granted. This requirement ensures the deliberation and consideration of both parties involved.
No-Fault Divorce in New Hampshire
In New Hampshire, you are not obliged to prove that your spouse is at fault for the breakdown of your marriage in order to obtain a divorce. This concept, known as a no-fault divorce, allows for a simpler and more uncumbersome process. Instead of having to provide evidence of any wrongdoing, you can simply state that your marriage has irreversibly reached a point of no return.
Exceptions to Separation Requirements
Although the 12-month separation period stands as a general rule, there are exceptions that may enable you to seek a divorce sooner under certain circumstances. For example, if you and your spouse commit to a legal separation and reside apart for a minimum of six months, a judge may grant a divorce based on the terms of the separation agreement. Additionally, a divorce may be granted if one spouse has been convicted of a felony and sentenced to imprisonment for longer than one year.
Seeking Legal Assistance
If you are contemplating divorce in New Hampshire, it is highly advisable to seek the counsel of an experienced divorce attorney. By doing so, you can gain a comprehensive understanding of the legal requirements and procedures involved in obtaining a divorce, as well as insight into your rights and available options. With the guidance of an attorney, you can make informed decisions concerning your future and safeguard your best interests throughout the divorce process.
Conclusion
In conclusion, although New Hampshire does not impose a specific duration for separation prior to filing for divorce, a continuous period of at least 12 months living apart is necessary to obtain a final divorce decree. However, exceptions to this rule exist, allowing for a shorter separation period. To ensure a smooth legal process and to protect your rights, it is always recommended to consult with an experienced attorney who can provide valuable guidance and assistance throughout the divorce proceedings.