Sometimes, one spouse wants a divorce while the other partner is reluctant. If you find yourself in this position in New Hampshire, here’s a look at what you can do when your spouse doesn’t want a divorce.
Determine the grounds for divorce
New Hampshire is a “fault” state, which means that you may have to prove to the judge that you have a legal reason to divorce your partner. For example, you can leave your spouse if they commit adultery, abandon you without a good reason, have negligent or reckless behavior, are abusive, etc. There are also times when the judge can offer divorce if you argue that you have irreconcilable differences and your marriage will inevitably break down. In this instance, the judge won’t ask who was at fault.
Serve your spouse the divorce papers
Since your spouse is recalcitrant toward the divorce, you will have to file an individual petition to get the process started. You can get a form from the New Hampshire Judicial website. Download two copies and fill them out, and then sign them before the notary public.
You can either bring these two copies to the Clerk of Court’s office in the courthouse by yourself, or you can mail them along with the filing fee and the personal datasheet. The judge will take several weeks to look through your petition and then reply back to you with three stapled groups of paper. The first one will be the original, the other will be marked “Copy” and the third one will be “Service.” Give your partner the one labeled “Service.”
Your spouse should reply
Your spouse should respond to your request for divorce. New Hampshire courts will often give you 45 days to disclose all your financial information and any other details that may be relevant to your divorce. However, if your spouse refuses, you can request a default judgment.
Always make sure you have all the help you can get, like accountants and counselors who can guide you through the process. It can be tough when you are the only one who wants a divorce because of all the work there is to do.
