New Hampshire is a no-fault state. In New Hampshire, no-fault divorce is referred to as “irreconcilable differences which have caused the irremediable breakdown of the marriage.” If the Petition for Divorce alleges “irreconcilable differences,” the Court does not have to determine if one person or the other caused the marriage to fail.

In New Hampshire, currently there are nine (9) fault-based grounds for divorce that may still be included in the Petition for Divorce. These grounds may be included in a Petition for Divorce, even if the Petition also includes no-fault grounds.

Whether there are grounds to allege fault in the Petition and enough evidence to establish fault is determined on a case-by-case basis. We can assist you in determining the answer to this question.

Morneau Law