New Hampshire Divorce & Separation
Separations and divorce are of course common in every state, but what you may not know is that each state has its own very unique laws and rules governing the process. What are the New Hampshire divorce laws? What are the requirements for getting a divorce in New Hampshire? Is mediation a requirement before you can get a divorce in New Hampshire? What is the law on New Hampshire annulments? Find the answers to your New Hampshire divorce questions here.
New Hampshire Legal Separation:
Legal separations are allowed in New Hampshire, and are granted on the same grounds as divorces (see “Grounds for Divorce” below). In addition, nearly all issues resolved in divorce can also be resolved via individual maintenance agreements in legal separations.
Grounds for Divorce/Fault – No Fault:
New Hampshire has both fault and no-fault grounds for divorce. No-fault divorces require a mere showing of the “irretrievable breakdown of the marriage.” On the other hand, divorce based on fault grounds requires much more specificity. Fault-based grounds may include: adultery, the “intolerable behavior” of a party, abandonment for more than six months, both parties agreeing to the dissolution of the marriage and living separate and apart for more than one year, or both parties having already lived separate and apart for more than two years.
Residency/Where to File for Divorce:
To file for divorce, either party must have been a resident of New Hampshire for at least one year before filing, and the petition must be filed in the circuit court with jurisdiction over the New Hampshire county in which either party resides.
Availability of Simplified or Special Divorce Procedures:
Joint petitions may be filed in which both parties are referred to as “co-petitioners” rather than “petitioner” and “respondent.” Some counties in New Hampshire also allow settlements and pre-printed forms, both of which allow for a faster and easier marriage dissolution. See your local court clerk for details and more information.
New Hampshire Divorce/Child Support/Child Custody Lawyers:
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Divorce Mediation in New Hampshire:
For marriages with children, the court has the right to order a reconciliation conference and/or counseling for the children, which would likely involve the services of a well-trained, court-appointed mediator. In addition, if there are issues that could be resolved and agreed upon amicably through mediation, the court is likely to order mediation rather than putting the parties, the courts, and especially the children through a prolonged and tense litigation.
New Hampshire Annulment:
An annulment is a court declaration that your marriage is legally invalid. In other words, rather than ending a marriage via divorce, an annulment is a declaration that the marriage was never valid to begin with. Reasons for an annulment may include: fraud, duress, one party’s minor status, or consanguinity.
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