New Hampshire Attorneys Mcgrath Law Firm Concord NH

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Abandonment and Divorce Law in New Hampshire

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Wedding Rings symbolizing the divorce between two people

The words “abandonment” and “desertion” have negative connotations. In the context of marriage and divorce, they can sound like dramatic words that belong in a Victorian novel. In fact, desertion, abandonment, or “refusal to cohabit” were once used as a fault constituting grounds for divorce. With the advent of no-fault divorce, however, New Hampshire has eliminated abandonment as a fault ground in divorce.

Abandonment refers to any situation where one spouse has moved out. It may not be a permanent decision, and it may be a wise solution to a situation of distress and danger in the family home. Some spouses may want to leave a marriage that is breaking down, but may be concerned, thinking that moving out of the shared home constitutes abandonment or desertion that will serve them badly in the following divorce. That won’t happen these days. In New Hampshire, 90 percent of divorces are “no-fault,” which means that one spouse or both are citing “irreconcilable differences leading to an irremediable breakdown of the marriage” as the reason for divorcing.

In some cases, such as adultery, some spouses may seek a fault divorce on the grounds of desertion as “a moral vindication because they can say, ‘He or she left, he or she does not pay, and I didn’t do anything wrong to make it happen.’” In New Hampshire today, the abandonment has to continue for two years or longer, and requires the willful desire or the intent to desert and the cutting off of the marital relationship. Simply moving out of a marital home for a while, particularly to a nearby location, does not constitute a fault ground of abandonment. In some cases, a person may be advised to pursue leave the home when the safety of the spouse or children is in question due to the misconduct of the other spouse; this is called “constructive desertion.”

The 10 percent who choose to divorce on a fault ground usually seek an unequal division of marital property, where the “innocent” party may be entitled to a larger share. Proving fault in New Hampshire and generally can be costly, and may require hiring investigators and others, and going to trial, warns divorcenet.com.

The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible.  From spousal support, child support, fault, and equitable division of property and debt to valuations, pre-nuptial agreements, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (800) 283-1380.

 

New Hampshire Divorce Rates Are on the Rise

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Quarrel between men and women

You live in New Hampshire, and you’re getting divorced. Right at this moment, you may feel as if you’re the only person you know who is going through the divorce process, but the most recent U.S. Census revealed that you are not alone. In fact, the divorce rate is rising for married couples in New Hampshire. The good news is that the NH divorce rate is still more than 20 percent lower than the national average. Divorce rates vary by location within New Hampshire, depending, say demographers and family law experts, on the economic and other conditions where you live.

The loss of your home or your job can make an already troubled relationship collapse. The 2008 recession left tough economic conditions and financial distress in New Hampshire and nationwide hat contribute to the pressures that can lead a couple’s choosing to divorce. Those pressures are many. According to research by the Utah State University Cooperative Extension, reported by Foster’s Daily Democrat, factors that affect the decision to divorce also include age, education and income.

What if you get divorced and then change your mind? It’s not as easy as you might think. One Concord couple recently met defeat in their attempt to lower the divorce rate by undoing their own divorce. In December 2015, New Hampshire’s Supreme Court decided that once you go through with your divorce and make it final, that divorce is irreversible. The couple had divorced in 2014 after 24 years of marriage. Their divorce decree had been finalized in July of that year, but eight months later, they filed a joint motion to vacate the decree, having decided they were a united couple after all. The Supreme Court said no.

The justices unanimously ruled that the law allows them to grant divorces, not reverse them. (Courts in some states will vacate divorces under certain restrictions. New Hampshire, like some other states, maintains that judges have no statutory authority to undo a divorce.) You had better be 100 percent sure that divorce is the only option for you and your spouse, because, according to Lynn Tuohy of AP (Huffington Post), “Should those irreconcilable differences suddenly become reconcilable, don’t go looking to get un-divorced in New Hampshire.” (A divorced couple, of course, can always remarry.)

The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible.  From spousal support, child support, fault, and equitable division of property and debt to valuations, pre-nuptial agreements, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (800) 283-1380.