When a couple reaches the difficult decision to dissolve their marriage, they are faced with the choice of pursuing either a fault or no-fault divorce. This determination holds significant implications for the divorce process, settlement, and overall outcome that ensue. In the state of New Hampshire, strict laws and requirements regulate these two types of divorce, demanding an understanding of their nuances before making a decision.
Unraveling the No-Fault Divorce
In a no-fault divorce, both parties are not obligated to prove that one spouse engaged in misconduct or contributed to the failure of the marriage. Instead, they simply need to assert that the marriage has irretrievably broken down for a minimum of six months.
According to New Hampshire law, couples can file for a no-fault divorce when both parties mutually consent to the termination of the marriage. Furthermore, individuals can independently file a petition if they have resided apart for a minimum of two years. In such cases, a no-fault divorce often emerges as the preferable choice.
Exploring the Realm of Fault Divorce
Contrarily, a fault divorce involves attributing blame to one spouse for the dissolution of the marriage. New Hampshire recognizes several grounds under which fault divorces can be pursued, including adultery, cruelty, and abandonment. Establishing fault necessitates the presentation of substantial evidence and testimony.
Within a fault divorce, the accused party bears the opportunity to contest the allegations and protect themselves against the charges. Consequently, this may give rise to a protracted and adversarial divorce process.
Implications for Property Division and Alimony
The nature of the chosen divorce carries consequences concerning the division of property and the granting of alimony in New Hampshire. In a no-fault divorce, assets and property are allocated equitably, ensuring both parties receive a fair share. The issue of which spouse caused the divorce does not factor into these deliberations.
Conversely, within a fault divorce, the judge has the discretion to consider the fault assigned to either party when deciding on the division of marital assets and the provision of alimony. If fault can be substantiated, the accusing party may garner a more favorable settlement.
Making an Informed Decision
Selecting between a fault or no-fault divorce necessitates thoughtful deliberation. It is imperative to comprehend the laws governing divorce in New Hampshire, as well as the ramifications inherent in each type of divorce concerning settlement agreements and alimony awards.
Generally, a no-fault divorce proves to be a quicker, less costly, and less emotionally taxing option. However, it may not always be the most suitable choice for all individuals involved. A fault divorce, although potentially lengthier and more expensive, may afford the accusing party certain advantages during the settlement process.
Ultimately, it is crucial to seek legal counsel and guidance when contemplating divorce in New Hampshire. A seasoned divorce attorney possesses the expertise required to navigate the complexities of the process and secure the most favorable outcome possible.