No-fault or fault?

In New Hampshire, the legal basis for a divorce may be either no-fault or fault. A no-fault divorce is based on "irreconcilable differences" which have caused the "irremediable breakdown" of the marriage or civil union. This means that the legal relationship has so broken down that one or both spouses are unwilling to continue it.

Examples of grounds for a fault divorce are: adultery, extreme cruelty, and endangering health and reason. Examples of rarely used grounds would be abandonment for two years, or joining the Shakers. Approximately 1 percent of New Hampshire divorces are granted on fault grounds. Some divorces are filed on fault grounds, but later the couple agrees to a no-fault divorce. In my experience, fault divorces are more expensive, take longer, and make co-parenting more difficult.

Tags: divorce grounds, fault divorce, nh divorce law, no-fault divorce

Posted December 28, 2011


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