Desrochers v. Desrochers,
347 A.2d 150 (1975)


Procedure: Hillsborough County Superior Court (New Hampshire) transferred without ruling the question of whether, on all the findings of fact, cause existed for granting a divorce to plaintiff wife from defendant husband under the provisions of N.H. law. The husband insisted that he did not want a divorce.

Facts: The wife filed for divorce in September 1973 and the parties agreed to arrangements for custody, visitation, and support, which were approved. The husband did not pay support from the time of separation until the temporary decree and then made the payments until June 1975 at which time he moved to Nevada. The husband insisted that he did not want a divorce. The court stated that the question whether a breakdown of a marriage was irremediable was a question to have been determined by the trial court. The Statute contemplated the introduction of factual testimony sufficient to permit a finding of irreconcilable differences which have caused the irremediable breakdown of the marriage. However, the court found that there were limits to the inquiry. The court held that while the desire of one spouse to continue the marriage was evidence of a reasonable possibility of reconciliation, it was not a bar to divorce.

Issue: Is the determination of irreconcilable differences for no-fault divorce a matter for the trial court?

Holding: Yes. The Supreme Court, Kenison, C.J., held that fact that parties had been separated for two and one-half years and that wife had been persistent in seeking divorce during that period was evidence from which the trial court could find that the marriage had irremediably broken down.

Analysis: Separation for a long period of time and persistence of P in seeking divorce during that period is evidence from which the trial court could find that this marriage has irremediably broken down. If objective standards were established, the actions might become primarily adversary in nature again, or couples seeking divorce might tailor the cases to meet the standards. Irreconcilable differences are to be established from the subjective state of mind of the parties. Desire of one spouse to continue the marriage is evidence of a rea-sonable possibility of reconciliation, but is not a bar to divorce.