Divorce Law in New Hampshire
A divorce leads to multiple legal questions that must be settled before the case is finalized. Many of these decisions are emotional and can cause conflict between spouses.
Dividing Property
One of the most difficult parts of divorce is deciding how to divide marital assets and debts. In many states, including New Hampshire, anything acquired during the marriage can be subject to division. This includes homes, vehicles, bank accounts, retirement funds, and other property.
Some states divide property equally. Others rely on equitable division, which means the court looks at each spouse’s contributions and circumstances. An equitable split does not always result in a 50/50 division, but it must be fair based on the evidence presented.
Child Support
Both parents must contribute financially to their children. Child support helps cover daily needs such as food, clothing, health care, and housing.
New Hampshire uses its Child Support Guideline Table to calculate support obligations. Payments are based on the parents’ combined net income and a percentage tied to the number of children. Payments can be made through the New Hampshire Bureau of Child Support Services.
To enforce support, the Division of Child Support Services can issue income withholding, suspend driver’s licenses, file property liens, intercept tax refunds, and report delinquency to credit agencies. If unpaid support exceeds $10,000 or remains unpaid for more than a year, criminal nonsupport may be charged as a felony.
Alimony
Alimony, or spousal support, varies from case to case. Courts in New Hampshire consider many factors, including a spouse’s financial need, the other spouse’s ability to pay, the length of the marriage, earning ability, education level, parental responsibilities, division of property, and the physical and mental health of each spouse.
New Hampshire law allows the court to award term alimony or reimbursement alimony. Term alimony is based on the goal of maintaining a reasonable lifestyle after a divorce. Reimbursement alimony compensates a spouse for financial contributions, such as helping the other obtain a degree or training. It is often ordered when the marital property division does not fully address that contribution.
Child Custody and Visitation
Custody decisions can be the most stressful part of a divorce involving children. All decisions must be based on the child’s best interests.
New Hampshire courts examine several factors, including the child’s relationship with each parent, their adjustment to school and community, and their emotional, physical, and developmental needs. The court also looks at whether each parent supports the child’s relationship with the other parent and whether there is any history of abuse.
Most of the time, New Hampshire courts award joint legal custody. This gives both parents the right to make decisions about a child’s education, health care, and religious upbringing.
Legal custody is separate from parenting time. Joint custody does not require equal time with each parent, and a parent with sole legal custody cannot block the other parent from visitation unless the court orders it.
The Process of Going Through Divorce Law in New Hampshire
If you are considering divorce, it helps to understand the steps involved in the New Hampshire process.
Step 1: File the Divorce Law Petition
The process begins when one spouse files a petition asking the court to dissolve the marriage. The petition must include a legal basis for the divorce, proof that a spouse meets residency requirements, and any other information the state requires.
New Hampshire recognizes no-fault divorce. Listing “irreconcilable differences” is sufficient for most filings.
Step 2: Request Temporary Orders
Divorce cases can take months to resolve. Temporary orders can be requested to address issues such as custody, support, or access to property. These orders protect both spouses while the case is pending.
Step 3: Serve Your Spouse and Wait for Their Response
The spouse who files must ensure the other is formally served with the divorce papers. If the spouse accepts service, they will sign an affidavit. If not, a sheriff or process server will complete service and file proof with the court.
Step 4: Try To Come to an Agreement
The best outcome is an uncontested divorce, where both spouses agree on all major issues. This can be done directly or through mediation. Uncontested cases are usually faster, less expensive, and less stressful.
Step 5: Go To Court
If an agreement cannot be reached, a judge will resolve the remaining disputes. In New Hampshire, the Circuit Court’s Family Division handles divorce cases across ten counties.
Step 6: Receive the Judgement of Divorce
At the end of the case, the court issues a final judgment. This legally ends the marriage and outlines all custody, property division, and financial arrangements.
Work With an Experienced 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 New Hampshire 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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