New Hampshire divorce causes provide the legal foundation for ending a marriage in the state. Whether you file for divorce based on no-fault grounds or specific fault grounds, understanding the available options and their implications helps you navigate the divorce process effectively. Knowing which grounds apply to your situation and how to prove them ensures your divorce proceeds smoothly while protecting your legal rights.
No-Fault Divorce in New Hampshire
New Hampshire is technically a no-fault divorce state, meaning neither party must prove the other caused the breakdown of the marriage. The vast majority of divorces in New Hampshire proceed on no-fault grounds, avoiding the complexity and contention of proving fault.
Irremediable Breakdown of the Marriage
The standard no-fault ground states that "irreconcilable differences have caused the irremediable breakdown of the marriage." This language means the parties have differences that cannot be fixed and those differences have caused the marriage to be permanently broken beyond repair.
Filing on no-fault grounds requires no proof beyond stating that the marriage has broken down irretrievably. You need not demonstrate specific wrongdoing, assign blame, or provide detailed explanations for why the marriage failed. This approach allows couples to divorce more amicably, reducing conflict and expenses during an already difficult process.
Fault Grounds for Divorce in New Hampshire
While no-fault divorce is available, New Hampshire law under RSA 458:7 still recognizes specific fault grounds for divorce. Filing on fault grounds makes the divorce process more difficult and requires proving both that the fault occurred and that it caused the breakdown of the marriage.
Impotence
Impotence of either party serves as grounds for divorce in New Hampshire. This ground applies when one spouse is unable to engage in sexual relations due to physical or psychological conditions, making them incapable of fulfilling this fundamental aspect of the marital relationship.
Adultery
Adultery occurs when a married person engages in voluntary sexual relations with someone other than their spouse. When filing for divorce based on committing adultery, you must name the person with whom your spouse had the affair as the "co-respondent" in the petition.
The co-respondent must be served with divorce papers and has the right to hire an attorney and participate in the proceedings, though most co-respondents choose not to engage unless subpoenaed for deposition or trial.
Proving adultery typically relies on circumstantial evidence demonstrating time, place, and manner. You must establish that your spouse had both the disposition to commit adultery (shown through displays of affection, expressions of love, or intimate communications) and the opportunity to commit adultery (proven by showing time spent alone together in private settings).
New Hampshire law now recognizes that adultery includes sexual relationships regardless of the sex or gender of either person involved.
Extreme Cruelty
Extreme cruelty encompasses a wide range of harmful behaviors, including physical violence, emotional abuse, verbal abuse, threats, harassment, or any conduct that inflicts significant harm on the other spouse. This ground typically involves actual physical violence, though it often includes disrespectful, disparaging, or threatening words that destroy a spouse's self-esteem or cause fear for their safety or health.
Courts generally require multiple incidents of physical violence rather than a single occurrence, though no specific number of incidents is mandated. Consistently telling a spouse they are useless, worthless, stupid, or ugly can constitute extreme cruelty when combined with physical violence.
Conviction of a Crime
Conviction of a crime punishable with imprisonment for more than one year in any state or federal district, combined with actual imprisonment under that conviction, provides grounds for divorce. The spouse must actually serve part of the sentence, not merely be convicted and sentenced.
Injury to Health or Endangers Reason
This ground applies when either party has so treated the other as seriously to injure health or endanger reason. While extreme cruelty usually refers to physical abuse, this provision addresses severe injury resulting in significant medical harm or mental and emotional cruelty that endangers the victim's mental health.
The language "injure health or endanger reason" recognizes that severe emotional and psychological abuse can be just as damaging as physical violence.
Absence and Disappearance
When either party has been absent for two years together and has not been heard from, this absence constitutes grounds for divorce. This provision applies when one spouse has disappeared without contact or communication for a continuous two-year period.
Habitual Drunkard or Drug Abuse
When either party is a habitual drunkard and has been such for two years together, the other spouse may file for divorce on this ground. While the statute specifically mentions habitual drunkenness, courts recognize that alcohol or drug addiction and abuse for two or more years also qualify as grounds for divorce.
This ground requires proving the spouse has maintained severe addiction for a minimum of two years and that this addiction caused the marriage breakdown.
Joining a Religious Sect or Society
When either party joins a religious sect or society that professes to believe the relation between husband and wife is unlawful, and that party refuses to cohabitate with the other for six months together, this provides grounds for divorce. This rarely invoked ground recognizes that certain religious beliefs fundamentally conflict with marriage.
Abandonment and Refusal to Cohabitate
When either party, without sufficient cause and without the consent of the other, has abandoned and refused for two years together to cohabitate with the other, this constitutes grounds for divorce. This ground differs from simple absence because it involves willful departure without consent or valid reason and refusal to return for the required period.
Proving Fault Grounds
Filing on fault grounds is only the beginning. The petitioner must prove the grounds occurred and must prove the fault actually caused the breakdown of the marriage. If the spouse can demonstrate the marriage was already broken before the fault occurred, the court likely will not find the alleged grounds valid.
The Burden of Proof
Proving fault requires substantial evidence. For adultery, this typically means circumstantial evidence of disposition and opportunity. For extreme cruelty, multiple documented incidents are usually necessary. For habitual drunkenness, a two-year pattern of abuse must be established.
Causation Requirement
Simply proving the fault ground occurred is insufficient. You must also establish that the fault caused the marriage breakdown. A claim of adultery can be defeated if the guilty spouse proves the marriage was broken before they became involved with another person.
Defenses to Fault Claims
The responding spouse can raise various defenses to fault claims. Condonation occurs when you knew your spouse committed the fault but continued to live and cohabitate with them, essentially forgiving the misconduct. Resuming marital relations after learning of adulterous acts suggests you condoned the behavior, potentially barring you from using it as grounds for divorce.
When to Pursue Fault Grounds
Before filing for divorce on fault grounds, consult with an attorney. In many cases, nothing is gained by claiming fault. Fault grounds require specific pleading and process requirements that complicate the divorce process.
Potential Benefits of Fault-Based Divorce
If proven, fault grounds can impact property division and alimony awards. The innocent spouse may receive compensation for abuse through an unequal share of assets or more favorable alimony terms. Courts can consider fault that leads to divorce, especially when it involves financial misconduct.
When fault directly causes lost income or property, pursuing fault grounds may be worthwhile. For example, if a spouse's gambling addiction or affair depleted marital assets, proving this fault could result in a more favorable property division.
Costs and Complications
Fault-based divorces typically increase costs, animosity, and the length of divorce proceedings. The requirement to prove fault through evidence and testimony makes these cases more contentious and expensive than no-fault divorces.
Courts have been shifting away from fault-based divorce over the past several decades, recognizing that allowing fault grounds tends to make cases more difficult for everyone involved, particularly children. Even when a fault is successfully proven, resulting changes in settlements are often relatively minor and may not justify the additional expense.
The Divorce Process with Different Grounds
The divorce process varies depending on whether you file on fault or no-fault grounds.
No-Fault Process
No-fault divorces based on irreconcilable differences require no proof beyond stating the marriage has broken down. The petition uses standard language, and if both parties agree on all terms, the divorce can proceed relatively quickly and amicably.
Fault-Based Process
Fault-based divorces require your petition to contain the correct language for the specific ground claimed. Certain grounds, particularly adultery, have special service requirements, including serving the co-respondent.
The petitioner must present evidence proving the fault ground and demonstrating that it caused the marriage breakdown. This often involves witness testimony, documentation, and potentially expert testimony depending on the ground alleged.
Moving Forward
New Hampshire divorce causes include both no-fault grounds based on the irremediable breakdown of the marriage and specific fault grounds detailed in RSA 458. While you can file for divorce based on impotence, adultery, extreme cruelty, conviction of a crime, injury to health, absence, being a habitual drunkard, joining a religious sect or society, or abandonment and refusal to cohabitate, most divorces proceed on no-fault grounds.
Consulting with an experienced divorce attorney helps you evaluate which grounds best serve your interests and ensures your petition properly alleges the chosen grounds. Whether filing on fault or no-fault grounds, understanding New Hampshire divorce causes provides the foundation for successfully navigating your divorce process.