New Hampshire Grounds for Divorce

The Petition for Divorce is the initial document filed with the New Hampshire court. It is in the document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

A divorce may be granted by the court on one of the following grounds:

No-Fault Based Grounds:
Irreconcilable differences which have caused the irremediable breakdown of the marriage.

Fault Based Grounds:
1. Impotence. 2. Adultery. 3. Extreme cruelty of either party to the other. 4. Conviction of felony and imprisionment. 5. When either party has so treated the other as seriously to injure health or endanger reason. 6. When either party has been absent 2 years together, and has not been heard of. 7. When either party is an habitual drunkard, and has been such for 2 years together. 8. When either party has joined any religious sect or society which professes to believe the relation of husband and wife unlawful, and has refused to cohabit with the other for 6 months together. 9. When either party, without sufficient cause, and without the consent of the other, has abandoned and refused, for 2 years together, to cohabit with the other. (New Hampshire Statutes - Chapters: 458:7, 458:26)

Every divorce case that is filed in the state of New Hampshire must declare the grounds in which the divorce is to be granted. The grounds for divorce must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a divorce, or agreeing to a divorce, make sure that you completely understand the grounds and any potential legal repercussions. If you would like to learn more about the New Hampshire grounds, visit the New Hampshire state statutes located at: