Dealing with a divorce can be an emotionally painful and intricate experience. It is crucial to have a comprehensive understanding of the legal prerequisites and grounds for divorce in your state to ensure a smooth and successful process. In the state of New Hampshire, there are multiple grounds for divorce recognized by law. This article aims to provide you with a detailed understanding of these grounds and guide you through the divorce process.
Exploring No-Fault Divorce in New Hampshire
In New Hampshire, couples have the option to file for a no-fault divorce, which liberates them from the need to prove any wrongdoings or faults on either side. The sole requirement for a no-fault divorce is that the couple must have been living separately for a minimum period of 12 months. To obtain a no-fault divorce, you will need to provide the court with evidence of physical separation, ensuring that you meet this crucial criterion.
Delving Into Fault-Based Divorce in New Hampshire
Apart from no-fault divorces, New Hampshire recognizes various fault-based grounds for divorce. These grounds indicate that one spouse bears responsibility for the breakdown of the marriage.
Adultery: A Common Ground for Divorce
Adultery is a prevalent ground for divorce in New Hampshire. It refers to voluntary sexual intercourse between a married individual and someone who is not their spouse. To prove adultery in court, evidence such as witness statements, hotel receipts, and other relevant documentation must be presented.
Cruel and Abusive Treatment: Protecting Victims
Cruel and abusive treatment, encompassing physical, mental, or emotional harm, poses grave dangers to a spouse’s safety, health, and well-being. To establish this ground for divorce, the victim must provide compelling evidence of the cruelty and abuse endured.
Desertion: Abandonment Without Justification
Desertion occurs when one spouse leaves and abandons the other without reasonable cause or justification. For this ground to be valid, the spouse who left must have been absent for a minimum of two years before filing for divorce.
Impotency: A Physical Barrier to Intimacy
Impotency refers to a physical condition that renders a person unable to engage in sexual intercourse. To utilize this ground for divorce, the complaining spouse must demonstrate that the impotency existed at the time of the marriage and has persisted until the filing of the divorce petition.
Habitual Drunkenness/Drug Abuse: Protecting Safety and Well-being
Habitual drunkenness or drug abuse can serve as grounds for divorce if it endangers the safety and health of a spouse or the children. In court, presenting evidence such as medical reports, police reports, and witness statements is crucial to establishing the habit of substance abuse.
Handling an Uncontested Divorce in New Hampshire
In cases where your spouse does not contest the divorce, you can proceed with an uncontested divorce in New Hampshire. This type of divorce is less time-consuming and less expensive compared to a contested divorce. However, it is still necessary for you and your spouse to reach an agreement on various aspects of the divorce, including the division of assets, spousal support, and child custody.
Navigating a Contested Divorce in New Hampshire
In the event that your spouse contests the divorce, seeking guidance from an experienced family law attorney becomes crucial in navigating the legal process. It is important to note that grounds for divorce can be challenged in court, so you must be prepared to provide clear evidence to support your claims.
Conclusion
The divorce process can be challenging to navigate, making it essential to have a firm grasp of the legal requirements and grounds for divorce in New Hampshire. Regardless of whether you are pursuing a no-fault or fault-based divorce, the presentation of clear and compelling evidence in court is paramount. Engaging the services of an experienced family law attorney can provide the guidance needed to help you achieve the best possible outcome for you and your family.