As you file for a divorce, you might be asking yourself if your spouse’s behavior during your marriage can affect the outcome in any way. While the answer is that it can, it also depends on the circumstances covered in this post.
How New Hampshire addresses fault in a divorce
The state operates as a hybrid jurisdiction, meaning you can file for divorce using either no-fault or fault-based grounds. Most couples choose the no-fault option, which allows the marriage to end without assigning legal blame to either partner.
If you choose to file based on fault, you must demonstrate that your spouse’s actions were the substantial cause of the marriage’s breakdown. Legally recognized grounds include adultery and extreme cruelty. You may also cite abandonment if your partner has refused to cohabit for 2 consecutive years or if they have been absent and unheard of for at least 2 years.
When fault can influence property division
Under New Hampshire law, courts presume that a 50-50 split is equitable. However, judges may deviate from this presumption based on several factors. For misconduct to actually affect how property is divided, one of two requirements must be met:
- Substantial pain and suffering: The misconduct must have caused significant physical or mental pain and suffering to the other spouse.
- Economic loss: The fault resulted in a significant loss or “dissipation” of the marital estate, such as the wasting of assets.
When these standards are met, the court may adjust the division in favor of the harmed party. For example, if one partner depleted retirement accounts through gambling addiction, the other spouse might receive a greater percentage of remaining assets to compensate for that loss.
How it can impact parental rights
While fault grounds primarily relate to the breakdown of the marriage itself, certain conduct can also influence custody determinations. Documented abuse, substance abuse issues or criminal conduct could all play a role in how much parenting time a court awards.
However, marital misconduct that does not directly involve the children typically carries less weight in these decisions. Adultery, for instance, generally does not affect parenting rights or the division of responsibilities unless it negatively impacts the children or demonstrates a significant lapse in judgment that affects a parent’s ability to care for the child.
Weighing whether a fault-based approach makes sense
Fault-based divorces tend to be more contested and time-consuming than no-fault proceedings. You will need to gather evidence and potentially involve witnesses, which can increase both stress and legal expenses.
Before deciding on fault grounds, consider whether your evidence clearly meets the legal standards courts require. Consulting with an attorney about the strength of your case can help you determine whether the approach aligns with your overall goals for the divorce outcome.
