Chabot v. Chabot

Summary

The New Hampshire Supreme Court held that the trial court abused its discretion by denying a plaintiff’s motion to amend her divorce libel to allege fault grounds without granting a hearing. The court reversed and remanded, explaining that the defendant’s failure to object waived a hearing under the applicable procedural rule and that the plaintiff reasonably believed the amendment had been allowed. The court also addressed when proven marital fault may be considered in awarding alimony or dividing property.

Holdings

1. The Superior Court abused its discretion by denying the plaintiff's motion to amend without affording her a hearing; because the defendant waived a hearing by failing to object within the ten-day period, the court could either grant the motion or provide a hearing.
2. If the amendment is allowed on remand, the trier of fact must exercise discretion in deciding which alleged ground for divorce caused the breakdown of the marriage.
3. Evidence of fault may be considered in an award of alimony or division of property if a fault ground is proven to be the primary cause of the marital breakdown; if fault is not proven and the divorce is granted for irreconcilable differences, fault may not be considered for those issues.

Questions Presented

1. Whether the Superior Court abused its discretion by denying the plaintiff's motion to amend her divorce libel without granting a hearing.
2. Whether the plaintiff could present evidence of the alleged fault grounds at the final divorce hearing.
3. What consequences follow on remand if the amendment is allowed or if fault is not proven.

Disposition

reversed_and_remanded