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Divorce Laws in New Hampshire

In New Hampshire, the court may order marriage counseling if it believes that the marriage can be saved.

Residency and jurisdiction in New Hampshire
In New Hampshire both spouses must live in the State and the filing spouse must have lived in New Hampshire for at least one year before filing, unless the reason for divorce occurred in New Hampshire, in which case either of the spouses must live in the State for at least one year before filing. Divorce can be filed in the county in which either spouse lives.

Fault or no fault in New Hampshire
New Hampshire grants fault and no fault divorce. No fault divorce is granted on the grounds of irreconcilable differences causing the irremediable breakdown of the marriage.

Acceptable grounds for fault divorce are:

  • Impotence
  • Adultery
  • Extreme cruelty
  • Conviction of a crime and imprisonment of more than one year
  • Abuse
  • Desertion for two years
  • Habitual alcohol abuse for two years
  • Refusal to have sexual relations for six months or longer due to religious beliefs
  • Refusal to have sexual relations for two years or longer without sufficient cause

Division of property in New Hampshire
New Hampshire is an "equitable distribution" State meaning the property is not divided 50/50, but rather in a manner that the court deems fair to both parties. When dividing property the court may consider many factors including:

  • Length of marriage
  • Age and health
  • Social or economic status
  • Occupation, vocational skills and employability
  • Separate property, sources of income
  • Needs and debts
  • Potential for future acquisition of assets and future income
  • Ability to be employed without interfering with parenting duties
  • Need for parent who is granted child custody to occupy the family home
  • Contributions, up or down, to marital property
  • Contributions to the marriage including homemaking and childcare
  • Damage to employability due to homemaking duties or contributions to the other spouse’s career or education
  • Retirement benefits earned during the marriage
  • Tax consequences
  • Marital fault
  • Value of pre-marriage property or property exchanged for pre-marriage property
  • Value of property acquired by gifts or inheritance

Spousal support in New Hampshire
Spousal support, in New Hampshire, may be granted on a temporary or permanent basis. In determining spousal support, the court must consider:

  • Length of marriage
  • Age and health
  • Social or economic status
  • Occupation
  • Sources of income, including veteran’s disability benefits
  • Property division
  • Vocational skills and employability
  • Estate
  • Needs and debts
  • Potential future acquisition of assets and future income
  • Marital fault
  • Tax consequences
  • Contributions to property
  • Contributions to the family unit

Sources of income do not include social security benefits of children.

In an original order for spousal support, the income of a new spouse by remarriage cannot be considered a source of income. In modification of spousal support, the income of the “second” spouse may be considered a source of income if the paying spouse intentionally avoids earning what he or she is capable of earning.

Child custody and support in New Hampshire
New Hampshire law requires the court to consider the following factors when determining child custody:

  • Relationship of the child with each parent
  • Ability to provide nurture, love, affection and guidance
  • Ability to provide food, clothing, shelter, medical care and a safe environment
  • Ability to meet child’s developmental needs
  • Child’s adjustment to home, school, and community
  • Willingness to foster a positive relationship between the child and the other parent
  • Relationship of the child with any other significant party
  • Ability of parents to communicate and cooperate with each other concerning the child
  • Abuse and impact of abuse on the child
  • Incarceration of either parent

New Hampshire uses the Percentage of Income formula for calculating child support.

If you are considering or facing divorce in New Hampshire, contact an experienced New Hampshire divorce attorney today.

Click here to select from New Hampshire divorce lawyers in your area.

 
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Disclaimer: Divorce law information contained throughout this page is intended to generally inform you about divorce law in Connecticut and introduce you to divorce lawyers throughout the U.S. The information regarding divorce and divorce law is not meant to be taken as legal advice. If you like to speak with an experienced divorce attorney, click on the link to your state to find an experienced divorce lawyer in your area for an initial consultation.
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