What are the grounds for a common law divorce?
In New Hampshire, common law divorce is when a couple has been living and acting as if they were married without an official marriage certificate. Common law divorce can only be granted by the court and requires a court approved divorce agreement. In New Hampshire, common law divorce is not recognized as a legal form of marriage. While common law couples in New Hampshire do not receive the same legal protections as married couples, in some cases, the courts may consider them as married. This means that the courts may require a common law couple to complete a divorce just as married couples do. In order for a common law couple to be given a divorce in New Hampshire, the court must find that at least one party is at fault. The grounds for a common law divorce include abandonment, desertion, adultery, or cruel and inhumane treatment of one of the spouses. In addition, the party seeking the divorce must prove that the marriage has broken down and that there is no reconciliation available. When it comes to alimony or property division, the court will consider any cohabitation between the parties and their relationship to determine how to divide assets and if alimony will be given. The court will use a variety of factors, such as necessity of support, financial contributions, and length of marriage when determining how to divide assets. In the end, the court will decide if a common law couple will be given a divorce in New Hampshire. The court will consider the facts and circumstances of the case to determine if a common law marriage existed and if a divorce is warranted.
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