New Hampshire Divorce
Information and FAQ
A divorce may be granted in the State of New Hampshire upon the
following grounds:
1. Impotency of either party.
2. Adultery of either party.
3. Extreme cruelty of either party to the other.
4. Conviction of either party, in any state or federal district,
of a crime punishable with imprisonment for more than one year and
actual imprisonment under such conviction.
5. When either party has so treated the other as seriously to
injure health or endanger reason.
6. When either party has been absent 2 years together, and has
not been heard of.
7. When either party is an habitual drunkard, and has been such
for 2 years together.
8. When either party has joined any religious sect or society
which professes to believe the relation of husband and wife
unlawful, and has refused to cohabit with the other for 6 months
together.
9. When either party, without sufficient cause, and without the
consent of the other, has abandoned and refused, for 2 years
together, to cohabit with the other.
10. Irreconcilable differences which have caused the irremediable
breakdown of the marriage. 458:7, 7a
Residency requirements To file a divorce in the State of New
Hampshire, the courts require that: 1. Both parties must reside in
the State at the time the action is filed, or;
2. The plaintiff reside in the State and the defendant was
personally served within the State, or;
3. The plaintiff resided in the State for one year immediately
prior to the filing of the action.
Venue A divorce in New Hampshire may be filed in the county where
either spouse resides. 458:9
Name of court and title of action/parties An action for divorce
is filed in the Superior Court. The title of the action initiating
the divorce is a Petition for Divorce, while the action granting the
divorce is referred to as a Decree of Divorce. The party filing the
action for divorce is the Petitioner, and the other party to the
divorce is called the Respondent.
Legal separation A judgement of legal separation may be granted
in the State of New Hampshire on the same grounds as for a judgement
of divorce. 458:26 Mediation/counseling If the court determines that
there is a reasonable likelihood that the marriage may be
rehabilitated, the court may refer the parties to an appropriate
counseling agency.
If both parties voluntarily state that mediation will be
attempted to reach a mutually agreeable arrangement, the court shall
suspend the divorce proceedings in order to permit the parties to
pursue the settlement. 458:7b, 15a
Alimony The court shall order either party pay alimony to the
other for a definite or indefinite time if it finds that:
1. The party in need lacks sufficient income to provide for his
or her reasonable needs, taking into consideration the standard of
living the parties have become accustomed to during the marriage,
and;
2. The party from whom alimony is sought is able to meet the
reasonable needs of the party seeking alimony while meeting his or
her own needs, taking into consideration the standard of living the
parties have become accustomed to during the marriage, and;
3. The party in need is unable to be self-supporting through
appropriate employment at a standard of living that meets his or her
reasonable needs or is the custodian of a child whose condition is
such that it would be inappropriate for that person to seek outside
employment.
In determining the amount of alimony, the court shall consider
the following factors:
1. The length of the marriage; 2. The age, health, social or
economic status, occupation, amount and sources of income; 3. The
opportunity of each party for future acquisition of assets and
income; 4. The fault of either party; 5. The tax consequences to
each party. 458:19
Distribution of property Upon granting a divorce, the court will
divide all property of both parties, both real and personal, as it
deems equitable between the parties. A presumption exists that an
equal distribution is equitable. Some of the factors the court will
consider in deciding how to equitably divide the property between
the parties include: 1. The age, health, social or economic status,
occupation, vocational skills, employability, separate property,
amount and sources of income, and needs and liabilities of the
parties;
2. The opportunity of each party for future acquisition of
capital assets and income;
3. The ability of the custodial parent to engage in gainful
employment without substantially interfering with the interests of
any minor children;
4. The need of the custodial parent to occupy or own the marital
home and to use or own its furnishings;
5. The actions of either party during the marriage which
contributed to the growth or dimutation in value of property owned
by either or both parties;
6. Significant disparity between the parties in relation to
contributions to the marriage;
7. Any direct or indirect contribution of one party to help
educate or develop the career of the other and any interruption of
either party's educational or career opportunities;
8. The expectation of either party to pension or retirement
rights;
9. The tax consequences for each party;
10. The fault of either party to the marital breakdown;
11. Any other relevant factor.
Child Custody All custody determinations are guided by the best
interests of the child. A presumption exists in determining
custodial arrangements that joint custody is in the child's best
interests, unless there are allegations of child abuse. No
preference shall be given to a party in a custody determination on
the basis of a party's sex. The court will give consideration to the
wishes of the child. 458:17 Child support There is a rebuttable
presumption that the amount of the award which would result from the
application of guidelines enacted by the State of New Hampshire is
the correct amount of child support. A written finding or a specific
finding on the record that the application of the guidelines would
be unjust or inappropriate in a particular case shall be sufficient
to rebut the presumption in such case. Special circumstances,
including, but not limited to, the following, shall be considered
and may result in adjustments in the application of support
guidelines. The court shall make written findings relative to the
applicability of the following:
1. Ongoing extraordinary medical, dental or education expenses,
including expenses related to the special needs of a child, incurred
on behalf of the involved children;
2. Significantly high or low income of the obligee or obligor;
3. The economic consequences of the presence of stepparents,
step-children or natural or adopted children;
4. Reasonable expenses incurred by the obligor parent in
exercising visitation or physical custodial rights, or expenses
incurred by such parent in extended visitation or physical custodial
rights, provided that the reasonable expenses incurred by the
obligee parent for the minor children can be met regardless of such
adjustment;
5. The economic consequences to either party of the disposition
of a marital home made for the benefit of the child;
6. The opportunity to optimize both parties' after-tax income by
taking into account federal tax consequences of an order of support;
7. State tax obligations;
8. Split or shared custody arrangements;
9. The economic consequences to either party of providing for the
voluntary or court-ordered post secondary educational expenses of a
natural or adopted child;
10. Other special circumstances found by the court to avoid an
unreasonably low or confiscatory support order, taking all relevant
circumstances into consideration. 458-C:4, 5
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