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The Divorce Process
When you are considering divorce in the state of New Hampshire, one of the first questions you might ask is how long the divorce process will take. There is no easy answer to this because a number of factors need to be brought into consideration. The complexities of your own situation, the requirements of your jurisdiction, and the collaboration between you and your spouse are all important factors.
For the sake of giving a rough estimate, you could expect your divorce to take anywhere from a few months to several years.
Some components that are able to help speed the process along include collaborative divorce. This is one of the biggest time and money savers available to you. If you and your spouse are able to agree on the various terms of your divorce, such as visitation and property division, then these issues will not have to be fought over in court, thus saving you time and money in the long run. Taking this route also allows you and your ex-spouse to maintain control over these life-altering decisions rather than putting the matter in the hands of a judge.
Grounds for Divorce
New Hampshire is what is known as a “no-fault” divorce state, which means that neither party is obligated to prove that the other party is more at fault for the breakdown of the marriage than the other. The saying used is “irreconcilable differences” and what this means is that the parties have differences that cannot be fixed and that those differences have caused the marriage to be permanently broken.
In New Hampshire, it is possible to file for divorce on grounds other than irreconcilable differences.
The divorce statute lists the following grounds:
1. Impotency of either party.
2. Adultery of either party.
3. Extreme cruelty of either party to the other.
- 4. Conviction of either party, in any state or federal district, of a crime punishable by imprisonment for more than one year and actual imprisonment under such conviction.
5. When either party has so treated the other as seriously to injure health or endanger reason.
6. When either party has been absent 2 years together and has not been heard of.
7. When either party is a habitual drunkard and has been such for 2 years together.
8. When either party has joined any religious sect or society which professes to believe the relation of husband and wife unlawful and has refused to cohabit with the other for 6 months together.
9. When either party, without sufficient cause, and without the consent of the other, has abandoned and refused, for 2 years together, to cohabit with the other.
It is important to note, however, that filing for divorce on grounds other than irreconcilable differences makes the divorce process more complicated and more difficult. The petitioner is required to PROVE the grounds for the breakdown of the marriage (for instance, in adultery the responding spouse can win the case if they are able to show that the marriage was broken before having an affair).
While it is true that you may save time and money by compromising on various issues in your divorce, it is vitally important that you are not taken advantage of and that you pursue the elements that you need in order to provide for your future.
A New Hampshire divorce lawyer from our office can supply you with the representation that you need for your case if you are facing divorce. We have 30 years of experience and we can put this to work for you.
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“Paula is a lawyer that is not to be reckoned with… My divorce was a roller coaster, but having Paula DeSauliner as my attorney I won. The judge granted me a sizable settlement to help support
my family.”Amy-Marie Wilson