Divorce may be defined as the legal ending of a marriage. Married couples do not have a legal or a constitutional right to seek a divorce, but states such as New Hampshire commonly accord divorces because to force a couple to stay married would be considered against public policy.

"No-fault" and "fault" are the two types of grounds, or justifications, for divorce in the United States. In some states, no-fault is the only viable justification for a divorce, even if fault grounds exist within the marriage. Other states, including New Hampshire, allow the people involved to select either a no-fault or a fault divorce. Divorcesource.com gives a comprehensive summary of divorce law in New Hampshire.

The United States first adopted the concept of a no-fault divorce in the late 1960's, and nearly all of the states presently allow for some variation of it. A no-fault divorce is one in which the parties do not legally fault, or blame, each other for the divorce. Some examples of the justifications for a no-fault divorce include “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.” In New Hampshire, the grounds for a no-fault divorce are irreconcilable differences which have caused the irremediable breakdown of the marriage.

Many states require a "cooling-off" period of separation for a length period of time before no-fault divorce proceedings can commence. During this time, the couple is required to live separate and apart with the intent that the separation will become permanent. The duration of the cooling-off period varies according to state law. There is no special provision for a waiting period in the state of New Hampshire.

Some states also allow fault grounds for divorce. Grounds for a fault divorce in New Hampshire include the following: adultery, cruelty or violence, drug and/or alcohol addiction, impotency, non-support, an unexplained absence of at least two years, conviction of a crime with the accompanying sentence of at least one year, the joining any religious sect or society which professes the belief that the relation of husband and wife is unlawful, resulting in a spouse's refusal to cohabitate with the other spouse for 6 months, and the refusal to cohabitate for at least two years.

There are several “defenses,” or denials, that are sometimes used pertaining to fault divorces. In New Hampshire, these defenses include condonation, connivance, and recrimination. The condonation defense is sometimes used when a party condoned a certain spousal behavior during the marriage and then attempts to use it as fault grounds for divorce. When one spouse sets the other up for wrongdoing and then later uses it as a basis for a fault divorce, this is called connivance. Recrimination means that both spouses are believed to have committed a wrongdoing. Insanity may also be a factor regarding the divorce, but it cannot be used as a defense in New Hampshire.

 These defenses are not used often, perhaps because they require witnesses and additional court time, which is expensive and can drag out the divorce. Another reason may be that even if the defense is proven, courts will typically still grant the divorce rather than require couples to remain married when at least one spouse does not wish to do so.

Divorce laws vary widely across the United States. The American Bar Association provides a variety of information regarding divorce requirements state by state on their Section of Family Law website. A chart comparing all 50 states, including New Hampshire, can be found at abanet.org.

*An example of a New Hampshire Divorce Settlement Agreement can be seen on Free Legal Aid.