In New Hampshire, there are two types of divorce; fault and no-fault. No-fault divorce is frequently referred to as uncontested divorce.
“It’s a mistake to not consult with a lawyer before or during a divorce action. Unrepresented individuals routinely sign away important and valuable legal rights without fully understanding what they’re doing.”
New Hampshire Fault Divorce
In a fault divorce, one party alleges that a statutorily-defined “fault” caused the breakdown of the marriage. Common fault grounds are adultery and extreme cruelty.
While there are benefits to fault-based divorce, these are usually outweighed by the acrimony, cost and negative impact on children which characterize this type of divorce.
New Hampshire No-Fault Divorce
In no-fault divorce, the cause of the marriage breakdown is “irreconciilable differences … which caused the irremediable breakdown of the marriage.”
Fault is not considered in this type of divorce and evidence of each party’s misconduct is relevant only to the extent it impacts a parenting issue.
Practical Considerations in Divorce
Practically speaking, a divorce decree is a very detailed document. It spells out the rights of each party relative to alimony, children, child support, debt, income, property, and many other things.
Amount of Time Necessary for Final Divorce Decree
The amount of time it takes to “get” a divorce in New Hampshire largely depends on the divorcing spouses’ ability to reach mutual agreement on important family and financial issues.