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NEW HAMPSHIRE DIVORCE LAW

If you are facing or thinking about undergoing a divorce in New Hampshire, you should obtain more information about New Hampshire laws governing divorce, annulment and legal separation. This article provides a general overview of New Hampshire family laws, but you should discuss your concerns with a New Hampshire divorce attorney.

New Hampshire Legal Separation

A legal separation is achieved by a court's recognition and rests on any of the same grounds as divorce. Unlike divorce, spouses who are legally separated cannot remarry. There are a number of reasons you may find that a legal separation suits your needs better than an absolute divorce; a New Hampshire divorce attorney can give you more information to help you determine if legal separation is right for you.

New Hampshire Divorce - Grounds

New Hampshire recognizes fault-based grounds for divorce and no-fault grounds for divorce. No-fault ground(s) for divorce does not require proof of fault of one of the spouses. In New Hampshire, no-fault divorce may be filed on the grounds of "irreconcilable differences." Fault grounds for divorce require a spouse to prove that the other spouse contributed to the breakdown of the marriage. New Hampshire fault grounds include: impotency, adultery or extreme cruelty of either party; either party's conviction of a crime punishable with imprisonment; serious injury or endangerment by one spouse to the other; desertion and other grounds. Contact a New Hampshire divorce attorney to determine which of the above statutory grounds best fit your situation.

New Hampshire Divorce - Residency & Where to File

For a divorce to be granted in New Hampshire, one of these residency requirements must be fulfilled:

  1. Both parties were domiciled in the state at the time the petition was filed;
  2. the plaintiff was domiciled in-state and the defendant was personally served with process within the state; or
  3. the plaintiff was domiciled in the state for one year before he or she filed the petition. 

The petitioner can file his or her claim in any New Hampshire county where either party resides.

New Hampshire Divorce - Property Division

When a New Hampshire court makes a decree of divorce, it can also order an "equitable distribution" of the marital assets and property. An equitable distribution may not necessarily be an even or 50-50 split of property. The court will choose how to distribute the marital property and allocate the debts based on a variety of factors, including but not limited to: the health, age, education, and work experience of each spouse; the duration of the marriage; the earning potential of each spouse; and which spouse will have primary care of any children. When contemplating a divorce, you should to make an informed decision about its potential effects on your income and property; enlisting the help of an experienced New Hampshire divorce attorney can provide you with that information.

New Hampshire Annulment

An annulment is the court's decree that a marriage was not valid at the time it was entered into. This differs from divorce, which is a termination of a valid marriage, however both have the same effect: ensuring there exists no legal relationship between the parties. In New Hampshire, annulment can be based on several different grounds including the minor age of either party, a blood relationship between the spouses that is considered by the state to be too close or duress. Courts can declare an annulment of a marriage entered into in New Hampshire even if neither party has ever resided in the state. It is important to discuss a potential annulment with a New Hampshire divorce attorney.

New Hampshire Divorce Laws

You can look up all of the laws listed below in the domestic relations title of the New Hampshire Code.

  1. New Hampshire Legal Separation
    1. New Hampshire Code, Title XLIII, Chp.458, § 26.
  2. New Hampshire Divorce
    1. Fault Grounds
      1.  New Hampshire Code, Title XLIII, Chp.458, § 7.
    2. No-fault Grounds
      1. New Hampshire Code, Title XLIII, Chp.458, § 7-a.
    3. Residency/Where to File
      1.  New Hampshire Code, Title XLIII, Chp.458, § 5.
    4. Property Division/Debts
      1.  New Hampshire Code, Title XLIII, Chp.458, §16-a.
  3. New Hampshire Annulment:
    1. New Hampshire Code, Title XLIII, Chp.458, § 1.
    2. New Hampshire Code, Title XLIII, Chp.458, § 3.
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