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Do I have to prove fault to get divorced in New Hampshire?

Posted by Abigail Roy | Jul 21, 2026 | 0 Comments

No. Most divorces filed in New Hampshire are based on the no-fault ground of irreconcilable differences. This allows the court to dissolve the marriage without requiring either spouse to prove misconduct. New Hampshire law also recognizes several fault-based grounds under RSA 458, but alleging fault is not required in most cases.

Whether pursuing a fault-based divorce provides a strategic benefit depends on the facts of the case and should be discussed with an experienced family law attorney. In many situations, proceeding on a no-fault basis allows the parties to focus on resolving parenting and financial issues more efficiently.

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Abigail Roy

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