Divorce Guide

Divorce Guide

New Hampshire No Fault Divorce

According to NH no-fault divorce laws, one can get divorce on the grounds of “no-fault” where none of the spouses need to establish that the other spouse has committed a “wrong”. Thus, the blame game does not happen in these cases. The spouse filing for divorce need to just mention in the petition, that the, marriage has “irretrievably broken” down and that’s because of “irreconcilable differences” or “incompatibility of temperament”.

Choosing between “no fault” or “fault”

90% of divorces in the state of New Hampshire are giving no-fault grounds as the cause of divorce. Even if one spouse insists on divorce while the other refuses to give the divorce, according to NH no-fault divorce laws, divorce would be granted by the courts. This was not the case earlier, where only “fault” grounds could be the perfect cause for divorce. The lawyers in both sides used every trick of the book to prove that the “bad” spouse had deserted or abandon the other, or there was adultery involved etc.

Times have changed now. In New Hampshire, one might file for divorce on the grounds of ‘no-fault” even if there is substantial “wrongdoing” on the part of the other spouse. Many people do so as to avoid the messy court battled that rage in the courts as a result of “proving the faults”. People also avoid filing “faulty grounds’ if they have minor children, so that the children do not get dragged in the ugly court fights! After all, now-a-days, courts consider all divorce cases as “no-fault” ones to begin with. It is only in matters of child custody or property division that courts would like to intervene and consider the wrongdoing of a spouse.

You may file divorce on fault grounds if you are sure to have an edge over the other spouse on matters such as child custody or property division. It is important to remember that it takes more time and money to prove the faults in the court and the trial can be emotionally antagonizing. One must analyze all the pros and cons before filing for “fault grounds”.

Property division in NH no-fault divorce

According to NH divorce laws, property after the divorce would be divided equitably among the spouses. In most of the no-fault divorce cases, spouses settle the matter of property division “outside the court”. However, if the disputes persist between them then the courts are likely to intervene. The property would be divided among the spouses in such a way that there is a fair share of assets and debts between the two. In cases where one spouse has more financial needs, judges may provide him/her a larger share, more so if that spouse is the “innocent one”. If you wish to proceed your divorce case with fault grounds, then it is prudent too take the advice of your attorney who would explain to you about how likely are you to get the verdict on your side.

Child custody in NH no-fault divorce

NH no-fault divorce laws specify that the matter of child custody and child support must be based on the custody principles of the state. In most of the cases, parents try to settle the matter “outside the court”. But if they are unable to reach at an agreement or if a spouse feels that the presence of the other parent can be detrimental to the welfare or safety of the child, then he/she can file the case on “fault grounds” and ask the courts to intervene in this matter. The best interests of the child are given the top most priority in awarding child custody.

Similarly, the laws regarding spousal support or alimony in NH no-fault divorce cases specify that alimony would be extended by the financially stronger spouse to the other based on the lifestyle that was led by them during the marriage, age of the spouse, health matters of the spouse, employability of the spouse etc.

You may seek the advice of your attorney regarding these matters and to understand how the divorce laws would affect you.

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