Do I need a reason to file for divorce?

On Behalf of | Nov 20, 2020 | Family Law

When it comes time to bring about the legal termination of your marriage, the court may not need to know the reasons. New Hampshire allows no-fault and at-fault divorce filings. 

Find out the difference between the two and decide for yourself if one better suits your divorce. 

No-fault divorce

The most popular route through divorce court is no-fault. This means that neither party blames the other for the end of the marriage. Rather, the parties acknowledge that the union is irreparable and request that the court allows them to sever it legally. If you become the one to initiate your divorce, you may file it in this way. However, your spouse may disagree and counter file giving a reason. 

At-fault divorce

Whether it is your spouse or you who want to provide the court with insight into the marriage’s demise, the way it proceeds depends on many factors. The at-fault route involves using one or more of the following legal grounds: 

  • Adultery 
  • Cruelty 
  • Criminal conviction 
  • Impotency 
  • Abuse 
  • Abandonment 
  • Addiction  

The party alleging the misconduct or grounds must provide ample proof before the court will grant the divorce. Most of the time, the grounds do not matter. While some judges may place weight on things such as adultery, it only may matter in the context of money spent on the affair. 

Your reasons for getting a divorce may center around some of these legal grounds. It is your choice whether you want to proceed forward with one or go the no-fault route.