What is a fault divorce?

A fault divorce is a type of divorce that is used when one spouse is at fault for causing the end of the marriage. In New Hampshire, a fault divorce is one of two types of divorce that can be used in the state. A fault divorce occurs when one spouse is responsible for the breakdown of the marriage. It might be due to adultery, abandonment, or extreme cruelty, and the spouse who is not at fault can file for a fault divorce to end the marriage due to the other spouse’s behavior. In order for the court to grant a fault divorce, the spouse who is filing must prove to the court that the other spouse is indeed at fault. This can be done by presenting evidence such as witness testimony, photographs, emails, or other documents that can prove the other spouse is guilty of one of the fault grounds. Once the court is convinced of the other spouse’s fault, the divorce proceedings will move forward. The purpose of a fault divorce is to provide the spouse who is not at fault with the legal justification to end the marriage. It is also important to note that a fault divorce may also be used in certain cases where the other spouse refuses to sign the divorce papers. This type of divorce can also give the spouse who is not at fault an advantage when it comes to custody and financial issues. It is important to consult with a lawyer to determine if a fault divorce is the correct way to go. The court process can be lengthy, and a lawyer can provide guidance on the best way to pursue a fault divorce.

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