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Grounds for divorce, fault and no fault distinctions in New Hampshire

If you are considering filing for divorce in New Hampshire, there are a number of decisions you will need to make before you and your lawyer ever get to filing court documents. Below, Stephen C. Brown & Associates have detailed a few.

First, be sure that your marriage meets the residency requirements for the state, which outline that either both spouses be current residents, that the individual filing for divorce has lived in New Hampshire for at least a year or that the receiving spouse is served with the documents in the state. In the last case, the filing party must be a denizen of the Granite State.

Next, consider why you are filing for divorce. Your lawyer may assist or advise you in this process, but be sure that you know the options and the potential consequences of each in your case.

Accepted grounds for divorce in New Hampshire include: adultery, extreme cruelty, abuse, impotence, conviction of a crime for which the prison sentence is greater than one year and irreconcilable differences. Certain grounds require proof that the behavior has occurred over a given period of time. These grounds include desertion, alcoholism and separation, all with minimum times at two years. Finally, irreconcilable differences may be cited in New Hampshire. It is the only no-fault grounds for divorce in the state.

In a no-fault divorce, neither party's actions will be taken into account when distributing assets or child custody, whereas when one spouse claims that the other was responsible for the need to dissolve the marriage, a judge may award spousal support or distribute property or custody in favor of the maligned party.

Divorce can be a complicated and difficult prospect for couples. If you are considering filing for divorce in New Hampshire, a family law attorney can help you determine your options and, if necessary, defend your claims in court.

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