Below are common rules regarding divorce in New Hampshire:
Residency Requirements in New Hampshire
Before a divorce in New Hampshire can be granted –or even filed – residency requirements must be met. Both parties must be domiciled in the state when the divorce action is initiated and the spouse filing for divorce must have been a resident of the state for at least one year. If the parties meet these requirements, then the divorce petition shall be brought in the county in which either party resides.
Legal Grounds for New Hampshire Divorce
A divorce in New Hampshire can be granted based on the following grounds:
- No Fault – Irreconcilable differences which have caused the irremediable breakdown of the marriage.
- Fault – When one spouse’s misbehavior, wrongdoing or extenuating circumstances have led to the other spouse to file for divorce.
The following are reasons spouses can cite when filing for a fault divorce in the state:
- Extreme cruelty
- Harming or placing a spouse in danger
- Habitual intoxication (alcohol or drugs)
- When either party has joined a religious sect that leads a spouse to believe the marriage is unlawful and cohabitation has ceased for at least six months
When it comes to dividing property, New Hampshire is an equitable distribution state, meaning that property will be distributed equitably, but not necessarily equally, between the parties. Factors to be considered include the duration of the marriage, income of the spouses and the value each spouse has placed on the asset.
Obtaining a Divorce Lawyer
Hiring a skilled New Hampshire divorce lawyer is extremely important. Attorneys are experienced in family law and will make sure your rights are protected throughout proceedings. They will also take care of all the paperwork, court appearances and mediation required so you won’t have anything to worry about.
In filing divorce petitions, spouses can make mistakes which can lead them to lose their rightful claim to property or alimony. Sometimes, one spouse will also try to take away child custody rights from the other, but having an experienced divorce attorney on the case will make sure your due rights are not violated.