State Laws

New Hampshire Divorce

     

New Hampshire Divorce Requirements
The United States requires an individual to file for divorce in his or her county of residency. Residency requirements are different in each state and are mandatory to be met before a divorce can be petitioned.

In New Hampshire an individual is required to be a state resident for at least one year before filing for divorce. New Hampshire also states that if the individuals filing for divorce reside in different New Hampshire counties, either spouse may petition for divorce in his or her county, according to New Hampshire Statutes Chapters 454.6, 458.6, and 458.9.

Grounds for Divorce Filing
Each state also has different requirements for which grounds a divorce can be filed. Grounds for divorce state the reason or reasons why individuals request a divorce. The grounds for divorce must be legal in the state of New Hampshire in order for them to be petitioned.

Two individuals may decided upon divorcing grounds and present them to the court or one individual may present the divorcing grounds but will be required to prove the grounds before the court.

New Hampshire has two categories of divorcing grounds. The first is called No-Fault grounds where no particular individual is held responsible for the marriage's dissolve. Under this category is the grounds of irreconcilable difference that state that the marriage is beyond retrieve and is permanently broken.

The second grounds for divorce in New Hampshire is called Fault grounds where one individual is responsible for the marriage's dissolve. This category includes adultery by either spouse, impotency by either spouse, extreme cruelty by either spouse towards the other spouse, conviction resulting in imprisonment for a year or more, the causing of serious injury or endangerment, absence by either spouse for at least two years, habitual drunken behavior for a minimum of two years, and abandonment for a minimum of two years without cohabitation.

New Hampshire also possesses one Fault grounds that no other state possesses. This ground states that a divorce is legal when one individual joins a religious organization or other society that believes marriage to be illegal and refuses to cohabitate with the other for a minimum of six months.

Divorcing Documents
Certain documents are required in New Hampshire divorces and can include nearly two dozen different forms. These can include a Petition for Divorce and Decree of Divorce, a Financial Affidavit, a Personal Data Sheet, and a Notice of Hearing form. All these forms will be filed to the county clerk's office where they will then be maintained until otherwise needed.

Distributing Property
New Hampshire is considered an equitable distribution state where all the property acquired through the marriage is to be separated fairly. Unlike other states, equitable distribution states require that the property be distributed fairly based on the individual's statuses, rather than equally.

If the individuals involved cannot determine who shall claim with property, the court will award the necessary property. The court will consider who has custody of any children, the employment of the individuals, the economic statuses of the individuals, and other factors.

See also:
New Hampshire Felony
New Hampshire Gun Laws
New Hampshire Bankruptcy Laws
New Hampshire Misdemeanors External link (opens in new window)
New Hampshire Expungement External link (opens in new window)