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Do I need grounds to file for divorce?

On Behalf of | Jun 19, 2020 | Family Law

Deciding to end a marriage is not always an easy choice. In some cases, such as when there is abuse, the decision may seem all too clear. However, many marriage relationships simply break down over time, and a spouse may labor over whether he or she has good reason to file for divorce.

In the past, many states required divorcing couples to have specific reasons for ending their marriages. Often, this left partners in unhappy relationships for decades because their circumstances did not meet the legal requirements for divorce. It also meant many divorces were contentious and brutal because one spouse would make public accusations against the other. Fortunately, New Hampshire and other states now allow for no-fault divorce.

Divorce requirements in New Hampshire

Sometimes, a couple simply has differences they cannot resolve. Usually, neither party is to blame for the breakup of the marriage, and if you meet other eligibility requirements, you may file for a no-fault divorce. Other eligibility requirements include living in the state for a certain period of time and, in some states, completing the mandatory waiting period. In a New Hampshire divorce that is based on fault, you must prove one of the following grounds:

  • Your spouse committed adultery.
  • Your spouse abandoned you or refused to live with you for at least two years without your consent.
  • You or your spouse became affiliated with a religious sect that considers your marriage unlawful.
  • Your spouse has had an addiction to drugs or alcohol for the past two years or more.
  • Your spouse is impotent.
  • Your spouse faced conviction for a crime carrying a sentence of at least one year in a state or federal facility.
  • You are the victim of extreme cruelty by your spouse.

Whether your divorce is amicable and you wish to work out a settlement with your spouse, or your divorce promises to be a contentious litigation, you have rights you must be careful to protect. Sometimes, the desire to hurry things along can cause divorcing spouses to make rash decisions or agree to terms that are not beneficial in the long run.

Having strong legal representation from an experienced attorney is a good way to improve your chances of obtaining your goals and establishing a solid foundation on which to make a fresh start and build a new future.

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