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:
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.