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,
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.
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
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