New Hampshire Divorce Law

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New Hampshire Divorce Guidelines

New Hampshire's Residency Requirements

Both spouses must be residents of New Hampshire when filing for divorce.

If the respondent has moved out of New Hampshire, the petitioner must have been a New Hampshire resident for 1 year before filing the divorce papers.

 

New Hampshire's Grounds for Divorce

New Hampshire residents may file for divorce under fault or no-fault grounds.

New Hampshire's no-fault grounds is:

  • irretrievable differences, causing the irremediable breakdown of the marriage

New Hampshire's fault grounds include:

  • abandonment for 2 years or more
  • extreme cruelty
  • living separate and apart for 2 years or more
  • physical abuse or apprehended physical abuse
 

New Hampshire's Child Custody Guidelines

Divorcing parents are allowed to collaborate on a child custody arrangement. If the parents cannot reach a decision, a New Hampshire court will make a ruling.

New Hampshire courts consider factors such as:

  • wishes of the child, if of sufficient age and capacity
  • each parent's ability to encourage a meaningful relationship between the child and other parent
  • any evidence or history of abuse
 

New Hampshire's Child Support Guidelines

If the parents cannot agree on the amount of child support and the paying parent, child support will be decided by state-specific calculations and guidelines.

New Hampshire courts consider factors such as:

  • each parent's income level
  • custody arrangements
  • each parent's financial obligations
  • any extraordinary educational, medical, or dental needs of the child
 

New Hampshire's Spousal Support Guidelines

Spousal support can be paid in one lump sum, in installments, or periodically. The spouses may determine the spousal support amount and payment schedule, or the courts may award spousal support.

New Hampshire courts consider factors such as:

  • any child custody arrangements
  • duration of the marriage
  • each spouse's earning capacity and financial resources
  • any marital fault
 

New Hampshire's Property Division Guidelines

New Hampshire has adopted equitable distribution guidelines, which means all property (including gifts and inheritances) will be divided as fairly and equally as possible. Spouses may collaborate on the property distribution, but if they are unable to agree the courts will make a ruling.

New Hampshire courts will consider factors such as:

  • duration of the marriage
  • any marital fault
  • any custodial arrangements
  • each spouse's financial situation, separate property, and employability
 

New Hampshire's Venue Guidelines

A petitioner may file the divorce forms in their county of residence, or in the respondent's New Hampshire county of residence.

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  • 2. Answer the Questions:

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  • 3. File the Documents:

    Print our state approved completed forms, and file the divorce forms in the court.

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Jun 8, 2012
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