New Hampshire No Fault Divorce

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All the depressing and stressful moments that mainly results during the separation from your respective partner can be avoided during special cases where both the spouses usually agree to get divorce from each other. The condition finally leads to the case of no fault divorce. The no fault cases are such where no complaint is filed against the partner and the divorcing spouse is not even required to prove the wrongdoing of their partners. The legal formalities associated with no fault cases are generally less due to the presence of few unresolved issues between the divorcing parties. Several states in the US follow the no fault divorce procedure in order to provide a legal end to the marriages. Similarly, New Hampshire is one of those states that grants a no fault divorce to the spouses. The county in which either the Petitioner lives or the Respondent stays can be chosen as the venue for filing the divorce papers for New Hampshire no fault divorce case. Some counties suggest that the Superior Court is the right place to conduct divorce proceedings. Here are some basic requirements one must meet before applying for a no fault divorce in this state.

Grounds of New Hampshire No Fault Divorce

In order to file a no fault divorce in the court, specific divorce grounds are necessary to be mentioned right when filing a petition. The situation of irreconcilable differences between both the divorcing partners and no possible reconciliation between them in the future, is one of the major grounds considered in New Hampshire.

Residency requirements of New Hampshire No Fault Divorce

A New Hampshire no fault divorce is only possible when the residency criteria is fully satisfied by either of two divorcing parties. Some considerable situations are:

  • The divorcing parties must live within this state when the divorce process is taken into action, or
  • The Petitioner must live in this state for at least one year prior to the filing date and the Respondent, who resides in another state, must be served with relevant documents.

Statistics of New Hampshire No Fault Divorce

It has been observed that 98 % of the total divorces in this state are no fault divorces.


Total number of divorces: 5,920
Divorces due to abandonment: 2
Divorces due to extreme cruelty: 7
Divorces due to adultery: 26
No fault divorces: 5,920


Total number of divorces: 5,106
Divorces due to abandonment: 1
Divorces due to extreme cruelty: 9
Divorces due to adultery: 19
No fault divorces: 5,042


Total number of divorces: 4,913
Divorces due to abandonment: 10
Divorces due to extreme cruelty: 9 Divorces due to adultery: 27
No fault divorces: 4,847

It has been observed that a majority of divorcing couples accede to divorce on the basis of irreconcilable differences and most of these cases settle before the trial. The divorcing couples are usually aware of the fact that if they choose the fault grounds, then the stress, duration and expense of the divorce can increase unexpectedly. Therefore, these couples are generally found to be in favor of no fault divorce as this legal process is more convenient and simple to conduct in the court house.

The issue of Property Distribution

New Hampshire is a state where equitable distribution of property occurs. The term "equitable" does not mean equal, but in a manner that can be considered fair. Initially, the court inspires the divorcing partners to develop a settlement regarding this issue. However, the partners may fail to reach the settlement of marital property. Then, the court takes into account certain factors, some of the important factors are:

  • The value of any property that is attained by descent or as a gift.
  • The value of the property obtained before the marriage.
  • The value of the property acquired by exchanging the property attained prior to the marriage.
  • If a valid prenuptial contract is made in good faith by the divorcing partners, then the value of property is assigned to each partner as per this contract.
  • The expectation of retirement rights or pension attained before or during the marital life.
  • The chance for each partner for future acquisition of income or capital assets.
  • The duration of marital life.
  • The following attributes of each divorcing partner:
    • Needs and liabilities
    • Sources and amount of income
    • Separate property
    • Vocational skills
    • Occupation
    • Economic and social status
    • Physical and mental health state of each spouse
    • Age

The New Hampshire no fault divorce includes the settlement of various important marital issues such as, child custody, property settlement and likewise, before allowing the spouses to get legally separated. . Perhaps the points mentioned above can greatly assist you during your no fault divorce in this state.

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