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Attorney David N. Cole II

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Basics of New Hampshire Divorce Law

David Cole / January 15, 2021

Divorce is not uncommon, and some research points to a spike in divorce filings in recent months attributable to the many stressors placed on American families during the pandemic. Nonetheless, the commonplace presence of divorce doesn’t make it any less painful for the individual. Experienced divorce attorney David Cole understands how you feel and will act as your compassionate advocate.

Mr. Cole has a thorough understanding of New Hampshire divorce laws. Items that may be relevant to you include:

  • New Hampshire divorce is “no-fault.” This means neither party has to prove that the breakdown of the marriage is the fault of the other person.
  • Most divorces in the state are filed on the grounds of irreconcilable differences. This means that irreconcilable differences (differences that cannot be resolved) caused the breakdown of the marriage.
  • Divorce can be filed on fault-related grounds. Adultery, extreme cruelty, alcoholism, imprisonment, prolonged separation and other things may also be cited as the reason for the divorce petition.
  • Asking for a divorce on the grounds of fault can be a little more involved. The petition must contain precise language about the fault. You’ll also have to prove that it happened and that it caused the breakdown of the marriage.
  • Our state requires an equitable division of property. The court wants the division of assets and debts to be divided up fairly. The assets and debts could be under one person’s name, or both of your names. The court assumes a fair division is 50/50, and you will need to explain why that is not the case if you want to divide something unevenly.
  • Divorce will also determine parental rights and responsibilities. This includes where the child will live and parental decision-making power. These things can be split or given to one parent.

These issues are just a few of those you may encounter as you work to resolve your divorce. Having an experienced attorney on your side will help you pursue what is in the best interest of yourself and your children, while doing so as amicably as possible with your former partner.

If you are searching for an experienced divorce lawyer in New Hampshire, please call (800) 909-LAWS (5297). Attorney David Cole is here to guide you through the divorce process with compassion, experience and skill.

Filed Under: Blog, Divorce

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Lyme, NH 03768·603-643-4500
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