The Impact Of The No-Fault Divorce Law On New Hampshire Divorces

Introduction

Divorce is a difficult and emotionally taxing process for most people. It can be even more challenging if it becomes a drawn-out legal battle. This is why many states, including New Hampshire, have enacted no-fault divorce laws. Such laws allow couples to get a divorce without having to prove any wrongdoing on the part of one or both parties. This article will explore the impact of the no-fault divorce law on New Hampshire divorces.

Divorce Process Before The Enactment Of The No-Fault Divorce Law

Before the enactment of the no-fault divorce law in New Hampshire, a spouse seeking a divorce had to show that the other spouse was at fault. These grounds for divorce included adultery, extreme cruelty, desertion, and habitual drunkenness, among others. Showing fault often led to drawn-out legal battles, which could be emotionally and financially draining for the parties involved.

Introduction Of No-Fault Divorce In New Hampshire

New Hampshire enacted its no-fault divorce law in 1971. The law allows couples to get a divorce without having to prove fault on the part of either spouse. Instead, the parties involved need only to state that the marriage is irretrievably broken, and there is no possibility of reconciliation.

Impact Of No-Fault Divorce On Divorce Rates In New Hampshire

The introduction of the no-fault divorce law in New Hampshire led to an increase in the number of divorces. Before the law’s enactment, the number of divorces in New Hampshire was relatively low. In the year before the law took effect, there were only 717 divorces in the state. However, by 1980, ten years after the law’s introduction, the number of divorces had risen to 2,811. Between 1980 and 2019, the number of divorces in New Hampshire remained relatively stable, with some fluctuations from year to year.

Impact Of No-Fault Divorce On Divorce Proceedings In New Hampshire

The no-fault divorce law has made divorce proceedings in New Hampshire much more straightforward. Before the law, parties involved in a divorce had to prove that one or both spouses were at fault. This often led to lengthy court proceedings, which could be emotionally draining for all involved. With the introduction of no-fault divorce, couples can terminate their marriage quickly and without having to go through extensive legal processes.

Impact Of No-Fault Divorce On Asset Division in New Hampshire

No-fault divorce has also impacted asset division in New Hampshire. Before the law’s introduction, the court would consider the fault of each party when dividing assets. This could lead to one party being unfairly disadvantaged. However, with no-fault divorce, the court no longer considers fault when distributing assets. Instead, assets are distributed equitably between the parties involved.

Impact Of No-Fault Divorce On Child Custody In New Hampshire

No-fault divorce has not had a significant impact on child custody arrangements in New Hampshire. The court still considers the best interests of the child when making custody decisions. However, the process has been streamlined as parties no longer need to prove fault to get a divorce. This has led to quicker resolution of custody disputes, which can be beneficial for the children involved.

Conclusion

The introduction of no-fault divorce in New Hampshire has had a significant impact on divorce proceedings in the state. It has simplified the legal process, leading to quicker and more straightforward resolutions. The law’s impact on the number of divorces in the state has been positive, allowing couples to terminate their marriage without lengthy court proceedings. The law has also led to more equitable asset distribution among spouses. Overall, it can be said that the no-fault divorce law in New Hampshire has made the divorce process less emotionally and financially taxing for couples involved.