New Hampshire divorce law synopsis
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Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce, it is important that you know some of the state divorce laws and regulations is the state you may thinking about filing your divorce petition in. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
If you are thinking about filing a New Hampshire divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
In New Hampshire, anyone filing a Petition for Divorce in Superior Court must meet the requirement to be a resident of the state for a minimum of 1 year.
New Hampshire Grounds for Divorce
New Hampshire is what is known as a mixed state, meaning that those filing for divorce have the option of filing a no-fault divorce or a fault-based divorce.
Uncontested Divorce in New Hampshire
In New Hampshire, an uncontested divorce is filed when both parties file jointly, even if they have not already reached an agreement on all the terms and conditions of the divorce. They may continue negotiating after filing; however, an uncontested divorce saves the cost of formally serving divorce papers. Once they have reached such an agreement, it is called an Agreed Divorce and a decree can be handed down without a hearing.
Contested Divorce in New Hampshire
When the parties to a divorce cannot agree on the issues of the settlement, they must enlist divorce attorneys to help negotiate a settlement or go to court to have a judge make a ruling. This is called a contested divorce and takes longer, and costs more, than an uncontested divorce.
Annulment in New Hampshire
An annulment terminates a marriage much as a divorce does, however an annulment voids the marriage and, legally, it is as if the marriage never occurred. However, an annulment is much more difficult to obtain because of the difficulty of proving the grounds for annulment:
- Same-sex marriage
- Addiction to drugs or alcohol
- Mental incapacity which affects the marital life
- Incest
- Physical disability which hinders a normal married life
No Fault Divorce in New Hampshire
In New Hampshire, the grounds for a no-fault divorce are irreconcilable differences resulting in the breakdown of the marriage.
New Hampshire Fault Divorce
A fault-based divorce can be obtained by proving one of the following grounds for divorce:
- Impotence
- Adultery
- Extreme cruelty
- Felony conviction and imprisonment
- Serious endangerment or injury
- A separation of 2 years or more without contact
- Habitual drunkenness lasting 2 or more years
- When one party refuses cohabitation for 6 months or longer due to joining a religious sect or cult that prohibits it
- Abandonment for 2 consecutive years by refusing to cohabit
New Hampshire Divorce and Child Custody
Child Custody Laws
Child Custody can be ordered in New Hampshire based on the following considerations:
- The child’s relationship with each parent and their ability to fulfill the child’s needs for love, nurture, and guidance, as well as encouraging a positive relationship
- The parties’ ability to provide food, clothing, shelter, medical care, and protection
- The child’s developmental needs and the parties’ ability to provide it
- The child’s ability to adjust to changes in the home, school and community
- The parties’ ability to support and facilitate contact with the other party
- The child’s relationship with others who have an effect on their well-being
- The parties’ ability to cooperate and make joint decisions for the child
- Any evidence of abuse
- Any incarceration by the parties and the impact on the child
Child Alimony (NH Child Support/New Hampshire Child Support)
Child support decisions are generally based on calculations using the Child Support Worksheet. However, there are extenuating circumstances, which may cause the courts to adjust those findings:
- Any excessive medical, dental, or educational expenses
- Significant changes on the parents’ income, either higher or lower
- Any changes resulting from the presence of stepparents, stepchildren, or other natural/adopted children
- Any excessive costs resulting from physical custody
- Any financial consequences from disposing of the family home
- Any tax implications of the divorce , custody, or support orders
- The custody arrangements
- The costs of higher education
Parents in New Hampshire use the Percent of Income Model in combination with standard Child Support Worksheets to calculate support estimates.
New Hampshire Divorce Spousal Support
When New Hampshire courts must determine spousal support, they consider the following factors:
- The length of the marriage
- The parties’ age
- The parties’ health condition
- The parties’ occupation
- The parties’ income
- Property awards
- The parties’ job skills and employability
- The parties’ needs, estate, and liabilities
- The parties’ opportunity for future asset acquisition
- The parties’ marital fault or misconduct
- The tax implications of the divorce, property settlement, and support
Lump Sum Alimony
Determined at the discretion of the court.
Permanent Alimony
Determined at the discretion of the court
Temporary Spousal Support
Determined at the discretion of the court
Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in New Hampshire
Spouses in the military are protected by New Hampshire law in several ways:
- Divorce papers must be service to the recipient personally
- If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
- Proceedings may be postponed throughout the party’s service and up to 60 days after
- Direct payment of retirement pay is provided to spouses married 10 years or longer
- Child support is not to exceed 60% of serviceperson’s pay and allowances
Help From a New Hampshire Divorce Lawyer?
New Hampshire has a number of unique statutes that mean it is doubly important to consult an experienced New Hampshire divorce lawyer to ensure that all legal obligations are met and a spouse’s case for custody, support, or property awards is presented effectively.