Divorce in New Hampshire

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  • Residency Requirements and Grounds for Divorce

  • Dividing the Property

  • Alimony

  • Child Custody and Visitation

  • Child Support

    Residency Requirements and Grounds for Divorce

    In order to obtain a divorce in New Hampshire, one of the following residency requirements must be met:

    • Both you and your spouse must be residents of New Hampshire
    • The spouse filing for divorce must have been a resident of New Hampshire and the other spouse must be personally served with process within New Hampshire
    • The spouse filing for divorce must have been a resident of New Hampshire for one year prior to filing for divorce

    The legal divorce process begins when one spouse files a petition for divorce with the superior court in the county where either spouse resides.

    A divorce may be obtained based upon the following grounds:

    • Irreconcilable differences that have caused the irremediable breakdown of the marriage (no-fault ground)
    • Impotence
    • Adultery
    • Extreme cruelty of either spouse to the other
    • Conviction of a crime punishable with imprisonment for more than one year and actual imprisonment under the conviction
    • Physical abuse or reasonable apprehension of physical abuse
    • Desertion for two years
    • Habitual drunkenness for two years
    • When either spouse has joined a religious society that professes that the relationship of the husband and wife is unlawful and refuses to cohabit with the other for six consecutive months
    • Living separate and apart without cohabitation for two consecutive years

    Dividing the Property

    New Hampshire is an "equitable distribution" state where martial property is divided by the court in a divorce proceeding to provide for a fair, but not necessarily equal, allocation of the property between the spouses. Separate property is retained by the owning spouse. Separate property includes the following:

    • Assets you had before you married if you kept that property separated from property acquired during the marriage
    • The income produced by a separate property investment as long as it hasn't been "commingled" mixed together with marital property
    • Property you inherit from your family during your marriage if it was willed exclusively to you and you did not commingle it with marital property during the marriage

    The court presumes that an equal division is an equitable distribution of property, unless the court decides that an equal division would not be appropriate or equitable after considering one or more of the following factors:

    • The length of the marriage
    • The age, health, social or economic status, occupation, vocational skills, employability, separate property, amount of income and sources of income of each spouse
    • The needs and liabilities of each spouse
    • The opportunity of each spouse for further acquisition of capital assets and income
    • The ability of the custodial parent to engage in gainful employment without interfering with the interests of any minor children in the custody of that spouse
    • The need of the custodial parent to occupy or own the marital residence and any household furnishings
    • The actions of either spouse during the marriage that contributed to the increase or decrease in value of any property
    • Any significant disparity between the spouses in relation to the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse to the care and education of the children and the care and management of the home
    • Any direct or indirect contribution made by one spouse to help educate or develop the career or employability of the other party and any interruption of either spouse's education or personal career opportunities for the benefit of the other's career or for the benefit of the parties' children
    • The expectation of any retirement or pension benefits
    • The tax consequences of the court's division of the property to each spouse
    • The value of property that is allocated by a valid prenuptial contract
    • Any marital fault if such fault caused the breakdown of the marriage and caused pain or suffering or economic loss
    • The value of any property acquired prior to marriage or exchanged for property acquired prior to marriage
    • The value of any gifts or inheritances
    • Any other relevant factor

    It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth and details such as account numbers, serial numbers and so forth. Collecting this information before you see a New Hampshire divorce lawyer can save you a lot of time and money.

    Alimony

    The court can order alimony to either party if it finds that the spouse in need lacks sufficient income or property to provide for that spouse's reasonable needs, the spouse from whom alimony is sought is able to meet his or her reasonable needs and the spouse in need is unable to be self-supporting through appropriate employment. Sometimes the court may find that the spouse in need of support is the custodian of a child whose condition or circumstances make it appropriate that the spouse not seek employment outside the home.

    In determining the amount of alimony, the court considers the following factors:

    • The length of the marriage
    • The age, health and social or economic status of the spouses
    • The occupation of each spouse
    • The amount and sources of income of the spouses
    • The property awarded
    • The vocational skills, employability, estate, liabilities and needs of each spouse
    • The opportunity of each for further acquisition of capital assets and income
    • Any marital fault if such fault caused the breakdown of the marriage and caused pain and suffering or economic loss
    • The contribution of each spouse to the acquisition, preservation or appreciation in value of their separate estates, including any non-economic contributions of each spouse to the family unit

    Alimony payments may be either temporary or permanent and they may be for a definite or indefinite period of time. The court may order alimony be paid in a lump sum, periodic payments or both. You may seek to modify an alimony award by filing a petition to modify.

    Child Custody and Visitation

    In New Hampshire, joint legal custody, which is joint responsibility for all parental rights and decisions except physical custody, is presumed to be in the best interests of the child unless there has been child abuse by one of the parents. Child custody is awarded based on consideration of the following factors:

    • Preference of the child
    • The education of the child
    • Any findings or recommendations of a neutral mediator
    • Any other relevant factors

    No preference is given to either parent based on the parent's gender. Repeated and unwarranted interference by a parent that has primary custody with the visitation rights of the other parent is a factor in modifying custody arrangements.

    The court may modify a permanent custody order if any of the following occur:

    • The parties agree to a modification
    • The court finds repeated, intentional and unwarranted interference by the parent who has permanent primary physical or permanent joint or shared physical custody with the visitation or custodial rights of the other parent and the court determines that a change in physical custody is in the best interests of the child
    • The court finds that the child's present environment is detrimental to the child's physical, mental or emotional health and that the advantage to the child of modifying a permanent custody order outweighs the harm likely to be caused by the change in environment
    • If the court finds that a minor child is of sufficient maturity to make a sound judgment about his or her proper custody, the court may give substantial weight to the preference of the mature minor child as to the parent with whom he or she wants to live
    • If the parents have substantially equal periods of physical custody and each asserts that the original joint custody arrangement is not working, the court may order a change in physical custody based on a finding that the change in custody is in the best interests of the child

    Child Support

    In New Hampshire, the court may order reasonable provisions for the support and education of a child. There are specific child support guidelines that are presumed correct, unless it is shown that the amount is unjust or inappropriate under the circumstances. The factors that the court will consider for adjusting the amount up or down are:

    • Extraordinary medical, dental or education expenses of the child
    • A significantly higher or lower income of either parent
    • The economic consequences of the presence of stepparents, stepchildren, natural children or adopted children
    • Expenses incurred by a parent in exercising visitation or physical custodial rights
    • The economic consequences to either parent of the disposition of the marital home
    • Any state or federal tax consequences
    • Any split or shared custody arrangements
    • Economic consequences to either parent of providing for the voluntary or court-ordered postsecondary educational expenses of a child
    • Any other significant factor

    You may seek to modify a child support award by filing a petition to modify. Generally, the court's power to modify child support obligations is limited to orders regarding future payments.

    Related Web Links:
    - New Hampshire Divorce and Parenting Forms
    - New Hampshire Child Support
    - New Hampshire Domestic Relations
    - New Hampshire Child Support Calculator
    -     New Hampshire State Profile
    - Family Law: Selecting a Good Lawyer
    - Divorce - General message board for more help
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