New Hampshire No Fault Divorce Lawyers

Divorce Lawyers in New Hampshire

Sometimes, despite the best efforts of a couple, a marriage just does not work. A couple may wish to divorce simply because they have fallen out of love with one another or because they just do not want to be married anymore. Perhaps they got married too young, or they experienced external stressors that became too much, or even had internal turmoil that changed the dynamics of the relationship. In these cases, couples often wish to pursue what is commonly referred to as a “no-fault” divorce. In New Hampshire, the legal term for a “no fault” divorce is a divorce based upon “ irreconcilable differences which caused the irremediable breakdown of the marriage.” Essentially, neither spouse is going to blame the other for the marriage dissolving; they will take equal responsibility.

Statistics confirm that now more than one in ten people in New Hampshire are divorced, and in the past several years most divorces that have been granted are based upon irreconcilable differences.

In contrast, a NH fault-based divorce alleges that one spouse committed some type of misconduct which was the reason for the breakdown of the marriage. While there are a number of fault-based reasons for divorce, one of the most well known is the allegation that one spouse committed adultery which led to the breakdown of the parties’ marriage. Other reasons, such as impotency, injury to health and endangerment to reason, extreme cruelty, abandonment, and habitual drunkard, also are recognized as fault-based reasons for divorce. See NH RSA 458:7.

As you might expect, a fault-based divorce often is a more contentious process compared to a divorce based upon irreconcilable differences.

Filing for divorce, even based upon “no fault” or irreconcilable differences, is not always a speedy process. While a divorce can occur quickly (within a few months) if the parties are in agreement as to all terms of the divorce, cases often take longer because of the necessary detail which must be exchanged between the parties and provided to the Court, or because of disputes which can arise over the division of assets and debts, support for a spouse (also known as alimony) or for children, or parenting issues such as where the children will live or go to school.