In New Hampshire, divorce can be granted on both fault and no-fault grounds. Fault grounds require one spouse to prove that the other spouse’s actions or behavior caused the breakdown of the marriage.

The available fault grounds for a divorce action in New Hampshire include:

  1. Adultery: One spouse engages in extramarital affairs.
  2. Impotence: One spouse is physically unable to engage in sexual intercourse.
  3. Extreme cruelty: One spouse treats the other spouse in a cruel and inhumane manner, causing physical or mental suffering.
  4. Desertion: One spouse abandons the other without a valid reason and without the intention to return.
  5. Alcohol or drug abuse: One spouse has a habitual drunkenness or drug addiction problem that interferes with the marriage.
  6. Incompatibility of temperament: The spouses have significant personality differences that make it impossible for them to live together harmoniously.

It’s important to note that fault grounds may require specific evidence to be presented in court to prove the allegations. Alternatively, New Hampshire also allows for a no-fault divorce, where neither spouse needs to prove fault. Instead, they can file for divorce based on irreconcilable differences or the irretrievable breakdown of the marriage. This allows for a smoother and less contentious divorce process.