Divorce Laws in New Hampshire

New Hampshire Divorce Laws: Everything You Need to Know

Did you know that New Hampshire has a higher divorce rate than most other states? In fact, the divorce rate in this state is 5.0% per 1,000 to the total population. But don’t worry, if you’re contemplating a divorce in New Hampshire, we’ve got you covered.

This state is considered liberal when it comes to divorce, meaning that there are both no-fault and fault grounds for divorce. However, around 98% of divorces in New Hampshire are based on no-fault divorce grounds.

While annulment in New Hampshire is rare, it’s important to note that hiring a divorce lawyer can help you navigate the technicalities of divorce cases, so you don’t miss out on anything important.

Divorce Grounds in New Hampshire

There are two types of divorce grounds in New Hampshire- no-fault and fault. Let’s take a closer look at what they mean:

No-Fault Divorce Grounds in New Hampshire:

• Irretrievable Breakdown of the Marriage: This no-fault ground for divorce in New Hampshire is granted when either spouse can’t stay together anymore, and there is no hope of reconciliation.
• Complete Incompatibility: This is a common divorce ground in New Hampshire when mutual inclusiveness finishes and leads to a separation.

Fault Divorce Grounds in New Hampshire:

• Impotency of Either Party: In New Hampshire, divorce is rarely granted on this ground, and the petitioner will have to prove that the defendant is unable to copulate.
• Adultery of Either Party: Adultery is a common ground for divorce in New Hampshire, and the innocent spouse has to prove with sufficient evidence that the counter spouse was involved in a sexual relationship with a third person other than their spouse.
• Extreme Cruelty of Either Party: This is one of the serious grounds for divorce in the state and is often due to aggressions at home.
• Conviction of Either Party: Divorce is granted on the basis of a crime subject to punishment by law with imprisonment for more than one year if the total sentence is over seven years.
• Cruel and Inhuman Treatment: When either spouse has treated the other so badly that has caused serious health injury or any other jeopardy, other spouse can claim a divorce decree under this divorce ground in New Hampshire.
• Willful Desertion: When either spouse has been living apart without sufficient cause and without the consent of the other for 2 years, and has not been heard of, divorce is the ultimate resolution in this situation.
• Habitual Drunkenness for Two Years: When either spouse is a habitual drunkard, and stayed in such condition for 2 years, the court shall grant divorce on this divorce ground in New Hampshire.
• Religious Adherence: This is a rare ground for divorce in New Hampshire. Under this ground, when either party has joined any religious sect or society that acknowledges believing the relation of husband and wife unlawful, and the spouse has refused to cohabit with the other for 6 months together, divorce can be given or obtained.

If you need detailed information regarding divorce grounds in New Hampshire, don’t hesitate to contact a professional divorce attorney or divorce lawyer.

With this guide, you should be able to navigate the divorce process in New Hampshire with ease. Remember, divorce can be a difficult and emotional process, but with the right support and resources, you can come out on the other side stronger and happier.

New Hampshire Divorce Laws: 

Divorce can be a challenging and emotional process. If you’re facing a divorce in New Hampshire, it’s essential to understand the divorce laws that govern the process. Here’s a breakdown of what you need to know:

• Residency: To file for divorce in New Hampshire, both spouses must be residents of the state for at least one year prior to filing. The divorce must be filed in the county where either spouse lives.
• Documents Required: To start and finalize a divorce in New Hampshire, you’ll need to file a Petition for Divorce and a Decree of Divorce. Other documents that may be filed during the process include a Personal Data Sheet, Financial Affidavit, and Notice of Hearing.
• Distribution of Property: New Hampshire is an “equitable distribution” state, which means that marital property is divided in a way that is fair but not necessarily equal. The divorce court will encourage the parties to reach a settlement on property and debt issues, but if they can’t agree, the court will make the final decision.
• Change of Name: If you’re getting divorced and want to restore your former name, the court can grant your request even if you didn’t include it in your petition for divorce.
• Mediation Counseling: The New Hampshire divorce court provides both parties with mediation time to decide whether they want to dissolve their marriage. This can be a helpful way to reach an agreement on issues like property division and child custody.
• Alimony: In New Hampshire, spousal support is awarded on a case-by-case basis. The court may order one spouse to support the other, but it’s not always required.
• Child Custody: If there are minors involved in a divorce, the court will decide whom to award custody to. The court will consider the best interests of the child and may ask the parents to reach an agreement. If they can’t, the court will make the final decision.
• Child Support: In New Hampshire, child support is calculated using the Income Shares Model. This means that the non-custodial parent is obligated to support the child by paying a percentage of their income.

If you’re facing a divorce in New Hampshire, it’s important to understand your rights and obligations. Contact a professional divorce attorney or lawyer for comprehensive information on the divorce laws in your state. With the right support, you can navigate this challenging time and move forward with confidence.

New Hampshire Annulment Laws: 

Marriage is supposed to be forever, but sometimes it just doesn’t work out that way. In New Hampshire, couples have the option of either getting a divorce or an annulment. While both options end a marriage, annulment is a declaration that the marriage never existed or is void. However, getting an annulment is much more difficult than getting a divorce due to the limited grounds for annulment and the difficulty in proving them.

• • Same-Sex Marriage

New Hampshire does not recognize same-sex marriages. If you and your spouse are in a same-sex marriage, you can obtain an annulment under New Hampshire annulment laws.

• • Addiction to Drugs

If your spouse is addicted to drugs or alcohol, such as opium, cocaine, or morphine, you may be able to obtain an annulment under New Hampshire annulment laws.

• • Mental Incapacity

If your spouse is mentally ill, either permanently or partially, and the illness is affecting your married life, you have the right to file for annulment under New Hampshire annulment laws.

• • Incest

Marriage between close blood relatives, such as mother-son, father-daughter, uncle-niece, and brother-sister, is incestuous and can be annulled in New Hampshire.

• • Physical Disability

If your spouse has a physical disability that is hindering you from having a normal married life, you may be able to obtain an annulment under New Hampshire annulment laws.

While these are the only grounds for annulment in New Hampshire, each case is unique, and it’s essential to have an experienced attorney to guide you through the process. An annulment can have significant legal, financial, and emotional consequences, so it’s important to make an informed decision. Whether you choose to get a divorce or an annulment, remember that there is life after marriage, and a fresh start is always possible.

New Hampshire Divorce Laws – FAQs

Going through a divorce can be a difficult time for anyone. If you’re living in New Hampshire, you might be wondering what the state’s divorce laws are and how they will affect your situation. Here are some frequently asked questions about New Hampshire divorce laws:

• • My spouse does not want to divorce, what should I do?

Don’t worry, New Hampshire divorce laws allow every spouse to claim a divorce. However, contested divorces may take longer to process.

• • What is the minimum time period processing of a divorce in New Hampshire takes?

The minimum time a New Hampshire divorce takes is 2-4 months. However, some divorces may take 6-12 months depending on the complexity of the case.

• • What is the difference between uncontested and contested divorce?

Over 90% of New Hampshire marriages end in uncontested divorce. This means that both spouses agree upon all the issues such as divorce grounds, support, alimony, and property division. In contrast, contested divorces occur when spouses disagree on one or more of these issues.

• • Is there any possibility to get a divorce without a divorce lawyer?

Yes, it is possible to get a divorce without hiring a lawyer. However, this should only be done if you have a vast knowledge of court procedures and paperwork. Otherwise, it is recommended to hire a divorce attorney.

• • How much does a New Hampshire divorce cost?

Filing a New Hampshire divorce costs about $147. Divorce lawyer fees vary depending on their skills and experience. Simple cases with no children or property involved can cost around $500. Typically, a divorce lawyer’s fee ranges from $3,000-$15,000.

• • How do divorce lawyers charge their fees?

Most divorce lawyers charge their fees on an hourly basis, while some have fixed charges for a case.

• • Can my wife and I hire the same divorce lawyer if we agree on all the issues?

No, according to New Hampshire divorce laws, no lawyer can represent both spouses at the same time. So, you and your wife must hire two different divorce attorneys.

• • What are the grounds on which New Hampshire divorce becomes legal?

New Hampshire has one no-fault divorce ground which is irreconcilable differences. The major fault divorce grounds in New Hampshire are adultery, extreme cruelty, abandonment, and conviction of crime and imprisonment.

Divorce can be a challenging process, but knowing the laws in your state can help you navigate it more smoothly. Remember to seek professional advice if you’re unsure about anything, and take care of yourself during this time.