Considering divorce? Here’s what you should know

If you’re thinking about divorce, you need to know exactly what to expect even before you begin the process. Every case is unique, but there are also similarities and areas that everyone must consider carefully. Preparation is often the key to making the process go quickly and smoothly.

With that in mind, let’s address some of the most common questions people have about divorce:

1. Do you need a reason to get divorced? You do not. No-fault divorce means that you can simply cite irreconcilable differences. There’s no obligation to prove that you should be granted a divorce. Either party can decide to leave a marriage at any time.
2. Do both people have to agree to get divorced? They do not. You can file regardless of your spouse’s desires. If they fail to respond, you can get divorced without their involvement.
3. Do you need to live in New Hampshire? Whoever is filing needs to have lived in the state for at least a year, or you both need to live in the state. It does not matter where you got married. However, if you just moved to New Hampshire without your spouse, less than 12 months ago, you cannot file.
4. What are people’s biggest concerns during divorce? This really depends on your specific case, but asset division and child custody options tend to be the two largest concerns. They can be closely tied together; for instance, someone who is getting custody may also want to make sure they have the assets needed to support the child.
5. Does adultery impact the case? Infidelity is one of the main reasons people file for divorce, but the court is not there to “punish” your spouse for that act. However, if your spouse gave gifts, money or marital property to the third party during the affair, that can play a role. The court may split up assets in such a way that you get back what you lost.

These questions and answers can certainly get you started with the divorce process. They help you understand what types of issues to consider and how to begin. That said, you may have many more questions relating to your personal situation, so be sure you are well aware of all of your legal options.