Upton Hatfield

Identifying New Hampshire Grounds In Divorce Cases

The most basic element of divorce is the reason behind it. The state of New Hampshire recognizes a full spectrum of divorce grounds from which to choose. However, if the petitioner must provide evidence for fault-based grounds. The only exception is when the defendant provides testimony that validates these grounds.

Identifying Divorce Grounds

The most common divorce grounds are no-fault options. The standard for these grounds is irreconcilable difference or irretrievable breakdown. In short, they imply that there wasn't a fault-based reason for the breakdown of the marriage. Couples who wish to end their marriage civilly may choose these grounds. To begin these proceedings, contact divorce lawyers in nh today.

Identifying a Fault-Based Ground

A refusal to cohabitate is a viable option for divorce. However, the couple must prove that they have maintained two separate residences for at least two years. This ground could also include choices made by either party after joining a religious affiliate that doesn't believe in marriage.

Under similar proceedings, abandonment for two years is also a divorce ground. However, in these cases, the petitioner could be unaware of their spouse's whereabouts. When this is the case, they must utilize service by the public to notify their spouse of the impending divorce.

What is Service by the Public

These proceedings require the petitioner to run an ad in the legal section of their local newspaper. The ad must run for at least six weeks. The defendant has sixty days following the last publication of the ad to respond. Petitioners who need help with these proceedings should contact divorce lawyers in nh now.

Addiction as a Divorce Ground

A petitioner has the right to file if their spouse has an alcohol or drug addiction. Under applicable laws, they must exhibit these behaviors for a period of no less than two years. The petitioner must make arrangements to live separately from their spouse after identifying this ground. In some instances, continued cohabitation could imply that the petitioner condones the behavior.

In some cases, domestic violence is involved when addiction is present. Petitioners should acquire a protection order. The order protects them against unwanted behaviors and imposes restrictions on their spouse.

The grounds of the divorce determine how the case proceeds. Unless the defendant testifies and accepts these grounds, a divorce trial is probable. To evaluate divorce cases and possible outcomes, contact a divorce lawyer at Upton Hatfield today.