Divorce Law in Manchester, NH
Divorce Law refers to the legal termination of a marriage and often involves working through several complicated issues.
Are you facing a costly divorce in Manchester, New Hampshire? Does your estranged spouse have an attorney? Usually, couples going through a divorce are unable to compromise on most items and reach an agreement on their own. Thus, many couples go through mediation or the court system to resolve their case.
Issues Involved in Manchester, New Hampshire Divorce Law
There are many complicated issues that you need to settle during the divorce process. Many of these elicit strong emotions from one party or the other, resulting in volatility.
Dividing Property
Dividing property, debts, and assets is often one of the most complex aspects of divorce. In states like New Hampshire, most assets and debts acquired during the marriage—such as real estate, bank accounts, cars, and stocks—are considered marital property and subject to division. Some states follow a 50/50 split, while others, like New Hampshire, use an equitable distribution approach. This means the judge considers each spouse’s contributions to the marriage, which can lead to an uneven split of assets and debts.
Child Support
Both parents are responsible for paying for the care of their children. There is a child support guideline that helps determine how much each parent should contribute based on their income and the amount of time they spend with the children. Child support pays for things such as healthcare, food, clothing, and other basic needs.
New Hampshire’s Child Support Guideline Table determines child support based on the parents’ combined monthly net income and a percentage that corresponds to the number of children. Child support in Manchester can be paid online through New Hampshire’s Bureau of Child Support Services.
New Hampshire’s Division of Child Support Services (DCCS) can enforce payment through income withholding. As well, DCCS can implement driver’s license revocation, credit bureau reporting, and tax refund intercept. Criminal non-support can be charged as a felony if the arrearage amount exceeds $10,000 or has remained unpaid for more than a year.
Alimony
Alimony, or spousal support, can vary dramatically depending on the marriage, and Manchester, NH divorce law court looks at multiple factors when determining the amount and length of alimony, including:
- A spouse’s need and the other spouse’s ability to pay
- The age and health of each spouse
- The length of the marriage
- Each spouse’s earning capacity and level of education
- The division of property
- Parental responsibility of the children
- Sole investments and assets of either spouse
New Hampshire law allows for term alimony and reimbursement alimony to be awarded in Manchester. The purpose of term alimony is to allow both parties to maintain a reasonable standard of living. The purpose of reimbursement alimony is to compensate one spouse for their contributions to the financial resources of the other spouse, such as supporting their education. Generally, reimbursement alimony is only ordered if a spouse is not adequately compensated through the division of marital property.
Child Custody and Visitation
Child custody is perhaps the most emotional issue during a divorce that involves children. The most important thing to keep in mind is that the court bases all decisions on what is in the best interest of the child. Keeping this in mind may help navigate the rough waters of custody.
Under New Hampshire law, parental rights in Manchester are guided by several factors including the quality of the relationship the child has with each parent. The child’s adjustment to school and community and the child’s emotional, physical, and developmental needs are also considered. The support of each parent for the child’s relationship with the other parent is deemed important. As well, any history of child abuse by the parent will be heavily weighed by the court.
Generally, Manchester, New Hampshire courts award joint legal custody giving both parents the legal right to make decisions for the children, such as education, medical care, and religious practices. Legal custody has nothing to do with physical custody or visitation. Joint custody does not mean both parents split time with the child evenly, just as Sole legal custody does not bar the non-custodial parent from visiting the child.
The Process of Going Through Divorce Law in Manchester, New Hampshire
Are you leaning towards getting a divorce from your partner? If so, it is important to understand the necessary steps of the divorce law process.
Step 1: File the Divorce Law Petition
The divorce law process begins when one spouse files a legal petition to terminate the marriage. The petition must include:
- A legal reason for divorce (grounds for divorce)
- A statement that shows at least one spouse meets the state’s residency requirements for divorce
- Other statutory information your state requires
Most states offer the option for filing a no-fault divorce, which does not require a legal reason for the divorce.
You can obtain a no-fault divorce in Manchester if “irreconcilable differences” are listed as the cause of the divorce.
Step 2: Request Temporary Orders
The divorce law process in Manchester can take several months, but temporary orders can be requested and approved for a multitude of reasons, including:
- Child custody
- Child support
- Spousal support
- Property restraining orders
- Status quo orders
Request temporary orders as quickly as possible so you are not absent the resources or protection that you need.
Step 3: Serve Your Spouse and Wait for Their Response
If you file for divorce, it’s your responsibility to have your spouse served with the divorce papers and submit a proof of service to the court. If your spouse agrees to accept the papers, they can sign an affidavit confirming receipt. In many cases, though, you’ll need to hire a process server or sheriff to officially serve the papers. This third party then provides the necessary proof of service, ensuring the court has a record of proper delivery.
Step 4: Try To Come to an Agreement
The ideal situation for anyone going through a divorce is when both spouses reach an agreement on all aspects, resulting in an uncontested divorce.
This can be accomplished through direct negotiations between both parties or with the assistance of a mediator. Not only does this approach save money for both spouses, but it also tends to reduce conflict and make the entire process less contentious.
Step 5: Go To Court
If you and your spouse are unable to reach an agreement, then the case continues before a Manchester, NH judge. While there is some benefit to having a judge hand down orders, it may also be a detriment as there is little to no control of the agreement by the parties.
In New Hampshire, the Circuit Court’s Family Division handles divorce cases. If you live in Manchester, you will typically file for divorce in the Family Division of the 9th Circuit Court.
Step 6: Receive the Judgement of Divorce
The divorce trial concludes with an official judgment, formally ending the marriage. This final order outlines the terms for property and debt division, child custody, and any other key matters between the spouses.
Work With an Experienced Manchester, New Hampshire Divorce Law Attorney
If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Manchester divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across New Hampshire state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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