New Hampshire Fault vs No-Fault Divorces

Types of NH Divorce Filings

In New Hampshire a person may cite a fault ground or irreconcilable differences as grounds for a divorce. In most instances, fault grounds are difficult to prove and even if they are proven, rarely make a difference in the distribution of the marital estate or parenting time schedule.  Under New Hampshire law, a person can only be held at fault for a divorce under certain circumstances.

Under New Hampshire law, RSA 587:7, a divorce can be "decreed in favor of the innocent party" if any of the following circumstances occurred during the marriage:

  • Either party was impotent
  • Either party committed adultery
  • Either party demonstrated extreme cruelty to the other
  • Either party was convicted of a crime punishable by 1 or more years of actual imprisonment
  • Either party has been absent and not heard from for 2 years or more at one time
  • Either party has been a "habitual drunkard" for two years or more altogether
  • Either party has joined a religious sect or society which does not find marriage lawful and that party has not lived with the other for 6 months or more altogether

If you are considering filing for divorce in New Hampshire and want to know more about your options, contact Russman Law right away.

Although a fault ground may be alleged, that does not mean that it should be alleged.  If you have children, an amicable or civil divorce tends to lessen the transitional stress and trauma the children will suffer in a divorce proceeding.  Absent special circumstances, parties with children will be Court ordered to attend a mediation.  A mediation is an opportunity to settle the terms of your divorce in a respectful manner.  Some parties choose to avoid Court altogether and engage in the Collaborative Divorce process.

Collaborative Divorce is a way for parties to settle their disputes by working together with the assistance of experienced attorneys, mental health professionals and other experts that all have the same goal – to help parties reach amicable solutions in their divorce. Attorneys even sign an agreement to avoid resorting to litigation.

Last year, more than 90% of the divorces in New Hampshire were granted on the grounds of irreconcilable differences. Though litigated divorce is the most common type of divorce conflict resolution, it is not necessarily the best in every situation. Parties who choose to mediate or use the Collaborative process tend to spend less in legal fees than a divorce that goes to a Final Hearing. Furthermore, these processes are usually faster than a case on the Court docket.

Speak to a NH Divorce Lawyer Now

If you are considering any type of New Hampshire divorce, contact our office. Attorney Amy Connolly is an experienced divorce attorney who can explain more about your options. She focuses on reducing conflicts by utilizing divorce methods such as collaborative divorce that allow parties to reach amicable solutions. Call Russman Law now to find out more about the many benefits of using Collaborative Divorce.