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Typically, extreme cruelty refers to instances of physical abuse as subjected on one spouse by the other. Conviction of a Crime If one party in the relationship is convicted of a state or federal crime, and if that conviction results in a prison sentence of one year or more, then a divorce may be filed. Endangerment of Health Like extremely cruelty, endangerment of health is also unclear.The law reads, “when either party has so treated the other as seriously as to injure health or endanger reason.” While extreme cruelty usually refers to physical abuse, the endangerment statute speaks to a person’s pain caused by mental or emotional cruelty. Absenteeism Habitual absenteeism of two years or more is grounds for divorce in New Hampshire if the absent party has not been heard from.He has tried major cases in New Hampshire, Louisiana, and even Alaska. After his clerkship, Richard was in private practice as a criminal defense attorney in Baton Rouge, Louisiana until 1993.
While the law does not explicitly state so, drug use/misuse and addiction are often considered as legal grounds for divorce. Refusal to Cohabitate due to Influence from Religious Sect If one spouse refuses to cohabitate with the other for a period of six months or more, and if that refusal is based on the spouse’s belief that marriage is unlawful due to the influence of a religious sect or society, a divorce may be sought. Abandonment and Lack of Cohabitation Very similar to absenteeism, if either spouse abandons the other, or refuses to cohabitate for a period of two years or more, the other spouse has the right to file for divorce on the grounds of abandonment. No-fault Grounds for Divorce – Irretrievable Breakdown of Marriage For most couples, none of the fault grounds for divorce are applicable to their marriage, but divorce is still desired.Richard Guerriero, of Keene, NH, is one of New Hampshire’s most skilled, experienced, and respected criminal defense attorneys.Richard has over 30 years of litigation experience, in state and federal court, at all levels, from trial courts to state supreme courts, to the United States Supreme Court.Download Now Self-funded health insurance plans governed by the Employee Retirement Income Security Act (ERISA) are subject to federal law. Therefore, employee benefits regulated by federal law such as ERISA and federal income tax law must provide equally for those in same-sex and opposite-sex marriages. There may be narrow exceptions under ERISA that permit self-funded plans to exclude coverage for employees’ same-sex spouses, but such exclusions may subject an employer to discrimination claims.