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New Hampshire Divorce Facts

When going through a divorce in in New Hampshire, it's helpful to have some key information. Below you will find some of the most important facts everyone getting a divorce in the state of New Hampshire should know. The facts listed here are only a selected few of the more comprehensive set of New Hampshire Divorce Laws available for your reference. Remember, every state's law is different, and if you're not sure about a law in your state, you should ask a qualified New Hampshire Divorce Professional.

  • Both spouses must be residents of the state for a minimum of one year. If, however, one of the parties has not been a resident for one year, but the other has, and the reason for the divorce happened in the state, then the court recognizes the residency. Spouses who reside in different counties may file in either one of the counties.
  • The grounds for divorce fall into two categories: no-fault and fault. The no-fault category means that the parties have irreconcilable differences. The fault category alleges one of the spouses engaged in adultery, was criminally convicted or incarcerated, behaved with cruelty, abandoned the marriage or is an alcoholic. When filing a petition for divorce the grounds for the request must be listed in order for the case to be filed with the county clerk.
  • The documents required to complete a divorce vary from case to case. The Petition For Divorce and Divorce Decree are standard and always required. Additional documents that may be requested deal with marital assets, finances, personal statistics and a notice of hearing if the case is to be heard by the court.
  • If the court believes there is a chance for reconciliation, the court can require that the couple seek marriage counseling. Since each case is handled according to its own unique scenario, there is no set length defined for the counseling sessions.
  • The New Hampshire court determines what is fair regarding marital property and alimony. Determining factors include the length of the marriage, the education of both parties, the ability for both to support themselves, sources of income, and the actions of either party that led to the dissolution of the marriage. It is a good idea for the couple to come to an agreement and then file it with the court. Issues surrounding alimony or spousal support are viewed solely on a case-by-case basis in New Hampshire.
  • New Hampshire prefers the parents resolve custody and visitation issues. The court will listen to the parents' wishes. However, if no agreement can be made, there is evidence of abuse, or a parent appears unable to care for their child, the state will intervene to find the best option for the minor child's well being.
  • New Hampshire recognizes common law marriages (only for inheritance purposes).

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