Filing a divorce in New Hampshire has specific residency requirements. Find out about divorce procedures and laws, including no-fault grounds for divorce, property division, alimony, and child custody.
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by Edward A. Haman, Esq.
Edward A. Haman is a freelance writer, who is the author of numerous self-help legal books. He has practiced law in H...
Updated on: March 13, 2023 · 7 min read
A divorce in New Hampshire, for any married couple, will accomplish two things: (1) severing the marital relationship, and (2) dividing assets and debts. If one of them will be unable to be self-supporting after the divorce, the issue of alimony may also arise. If there are minor children, they will also need to resolve issues of child custody, visitation, and support.
Residency and where to file
You may file for divorce in the Superior Court of the county where either party resides, providing one of the following residency requirements is met:
Procedures
The simplest procedure is an uncontested divorce where you and your spouse can reach an agreement about the division of your property, and, if you have any children, what arrangements will be made for them. You begin by preparing a Petition for Divorce, along with various other supporting documents. These documents are filed with the court, and copies are provided to your spouse. You will attend a court hearing, at which time the judge will make sure that all of your paperwork is in order, perhaps ask you a few questions, and enter your Decree of Divorce.
Grounds for divorce
Grounds for divorce are legally recognized reasons to get a divorce. This is the justification for severing the marital relationship. New Hampshire, like most states, has what are commonly called no-fault grounds for divorce, and several traditional fault-based grounds. To get a no-fault divorce in New Hampshire you need to state in the Petition for Divorce that “there are irreconcilable differences which have caused the irremediable breakdown of the marriage.”
The fault-based grounds for divorce are: impotency, adultery, extreme cruelty, conviction of a felony and imprisonment, treatment “as seriously to injure health or endanger” the other party, absence “for two years together and has not been heard of,” habitual drunkenness for two years, the other party has “joined any religious sect or society which professes to believe the relation of husband and wife unlawful and has refused to cohabitate for six months,” and abandonment and refusal to cohabit for two years without sufficient cause or consent of the other. In most cases, there is no reason to use any of these, since they add complexity to the process by requiring proof.
Property division
New Hampshire divorce law provides that all property is marital property, which will be divided equally, unless the judge orders otherwise after considering the following factors:
Alimony in New Hampshire
Alimony may be awarded if (taking into account the lifestyle established during the marriage) (1) the party seeking alimony lacks sufficient income or property to meet his or her reasonable needs, and (2) the party from whom alimony is sought is able to meet his or her own reasonable needs while paying alimony, and (3) the party seeking alimony is unable to be self-supporting through appropriate employment or has parental responsibilities for a child whose circumstances make it appropriate that the party not seek employment outside the home.
Absent an agreement by the parties, New Hampshire alimony law provides that the judge will determine the amount and duration of alimony after considering the following factors:
Child custody in New Hampshire
A custody determination basically comes down to figuring out how the children’s time will be divided between the parents, and how decisions will be made. Absent a custody agreement, the judge will decide the issue, after considering the following factors:
Child support in New Hampshire
Child support is determined by reference to the New Hampshire Child Support Guidelines, which, along with a calculator, may be found on the New Hampshire Department of Health and Human Services website.
Miscellaneous matters
The wife’s maiden or former name may be restored. The court may order marriage counseling at the request or either party, or on its own.
If you are considering an online divorce, LegalZoom can help you get the divorce documents you need. We help you fill out the paperwork and check it for completeness and accuracy, and provide step-by-step instructions for filing and completing your divorce.
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