Top 5 New Hampshire Divorce Laws

The top 5 things everyone should know about New Hampshire divorce laws.

New Hampshire

To divorce in New Hampshire, both spouses must be New Hampshire residents upon filing, the filing spouse must be a resident for at least a year, and the cause of the divorce must have occurred in New Hampshire.

The no-fault grounds for divorce are: irreconcilable breakdown of the marriage, if either spouse endangered the other’s health or reason, and if either spouse has joined a religious sect that views the marriage as unlawful.

Unless there has been child abuse, New Hampshire courts view joint custody in the best interest of the child. Custody is awarded based on child’s preference, child’s welfare, and recommendations of a mediator. Stepparents, grandparents, and other family members may also be awarded visitation rights.

New Hampshire courts will divide each spouse’s property and assets equitably and justly, including property obtained before the marriage, by inheritance, by gift, and retirement or pensions benefits.

Spousal support may be available to a spouse lacking income or property who is unable to meet their reasonable needs, and to the spouse with child custody. When determining spousal support, the standard of living during the marriage is always taken into account.

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