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Being a no-fault state for divorce in New Hampshire means that couples can obtain a divorce without proving that one party is at fault for the breakdown of the marriage. It allows couples to dissolve their marriage simply by stating that the marriage is irretrievably broken.
A no-fault divorce in New Hampshire offers several advantages. It eliminates the need for couples to engage in a bitter blame game, reduces conflict, and promotes a more amicable and less adversarial divorce process. It allows for a quicker and less expensive resolution, focusing on the equitable division of assets and child custody arrangements.
Yes, you can still get a divorce in New Hampshire even if your spouse doesn't agree. The no-fault nature of the state allows one party to seek a divorce without the other person's consent or agreement. However, they may contest other aspects of the divorce, such as property division, alimony, or child custody, which could prolong the process.
Yes, there are residency requirements to file for divorce in New Hampshire. Either you or your spouse must have been a resident of New Hampshire for at least one year before the divorce petition is filed.
While it is not required to hire a lawyer for a no-fault divorce in New Hampshire, it is highly recommended. Divorce involves legal complexities, especially when it comes to the division of assets, child custody, and support. Having a knowledgeable attorney can ensure your rights are protected and help navigate the legal process smoothly.
The timeframe for getting a divorce in New Hampshire depends on various factors such as court caseload, complexity of issues, and the level of cooperation between spouses. On average, it can take anywhere from a few months to a year or more to finalize a divorce.
Yes, New Hampshire offers legal separation as an alternative to divorce. Legal separation allows couples to live apart and address issues like asset division, child custody, and support without terminating the marriage. It can be a viable option for those who have religious or personal reasons for not seeking a divorce.
In a New Hampshire divorce, the court considers various factors when dividing property. These may include the length of the marriage, each spouse's contribution to the acquisition of marital property, the economic circumstances of each party, and their respective needs. The goal is equitable distribution of assets, not necessarily an equal split.
Yes, there is a waiting period for a divorce in New Hampshire. After filing a divorce petition, there is a mandatory 90-day waiting period before the court can enter the final divorce decree. This waiting period provides spouses with an opportunity to reconcile if they so choose.
In a no-fault divorce in New Hampshire, child custody is determined based on the best interests of the child. The court considers factors such as each parent's relationship with the child, their ability to provide a stable environment, and the child's own preferences (depending on their age and maturity level). The aim is to ensure the child's well-being and promote a healthy parent-child relationship.
Notes: This summary is not intended to be an all-inclusive summary of the laws of divorce in the State of New Hampshire, but does contain basic and other procedures.
Grounds for divorce
A divorce may be granted in the State of New Hampshire upon the following grounds:
1. Impotency of either party.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;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;In determining the amount of alimony, the court shall consider the following factors:
1. The length of the marriage;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;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-A
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:
(a) Ongoing extraordinary medical, dental or education expenses, including expenses related to the special needs of a child, incurred on behalf of the involved children;Notes: This summary is not intended to be an all-inclusive summary of the laws of divorce in the State of New Hampshire, but does contain basic and other procedures.
Grounds for divorce
A divorce may be granted in the State of New Hampshire upon the following grounds:
1. Impotency of either party.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;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;In determining the amount of alimony, the court shall consider the following factors:
1. The length of the marriage;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;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-A
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:
(a) Ongoing extraordinary medical, dental or education expenses, including expenses related to the special needs of a child, incurred on behalf of the involved children;