Legal Grounds for Divorce in New Hampshire

A divorce in New Hampshire cannot be filed unless there are grounds for the divorce which are substantiated by evidence. To help you prove the grounds on which are filing, attorney Michael F. Mimno can help. The following reviews the legal grounds for divorce in New Hampshire, found in one New Hampshire Domestic Relations Statue, RSA 458.

1. Impotence

If either part is sexually impotent, regardless of reason,, then a divorce may be filed.

2. Adultery

A person may file for divorce if their partner has been adulterous. While adultery is not illegal in New Hampshire, it can affect grounds for divorce and a divorce settlement.

3. Extreme cruelty

Extreme cruelty can be ambiguous to define. Typically, extreme cruelty refers to instances of physical abuse as subjected on one spouse by the other.

4. Conviction of a Crime

If one party in the relationship is convicted of a state or federal crime, and if that conviction results in a prison sentence of one year or more, then a divorce may be filed.

5. Endangerment of Health

Like extremely cruelty, endangerment of health is also unclear. The law reads, “when either party has so treated the other as seriously as to injure health or endanger reason.” While extreme cruelty usually refers to physical abuse, the endangerment statute speaks to a person’s pain caused by mental or emotional cruelty.

6. Absenteeism

Habitual absenteeism of two years or more is grounds for divorce in New Hampshire if the absent party has not been heard from. This very closely relates to the abandonment grounds for divorce, which is discussed below.

7. Habitual Drunkenness

If either party is a habitual drunkard and has been so for two or more years, a spouse may file for divorce. While the law does not explicitly state so, drug use/misuse and addiction are often considered as legal grounds for divorce.

8. Refusal to Cohabitate due to Influence from Religious Sect

If one spouse refuses to cohabitate with the other for a period of six months or more, and if that refusal is based on the spouse’s belief that marriage is unlawful due to the influence of a religious sect or society, a divorce may be sought.

9. Abandonment and Lack of Cohabitation

Very similar to absenteeism, if either spouse abandons the other, or refuses to cohabitate for a period of two years or more, the other spouse has the right to file for divorce on the grounds of abandonment.

10. No-fault Grounds for Divorce – Irretrievable Breakdown of Marriage

For most couples, none of the fault grounds for divorce are applicable to their marriage, but divorce is still desired. If this is the case, a person can file for a no-fault divorce that is based on irreconcilable differences which have lead to the irrecoverable breakdown of the marriage.


Seek the Counsel of a New Hampshire Divorce Attorney Now

If you’re seeking a divorce in New Hampshire but aren’t sure what grounds to file on, or how to substantiate your chosen grounds, you need an attorney. At The Law Offices of Attorney Michael F. Mimno, our family law and divorce specialists are ready to sit down with you to discuss your divorce today. Call us to begin at (603) 479-1152.