NEW HAMPSHIRE DIVORCE LAWS & REGULATIONS UPDATE 2023
A DECADE OF CHANGE: AN OVERVIEW OF NEW HAMPSHIRE DIVORCE LAWS AND REGULATIONS TIMELINE (2013-2023)
In the last decade, New Hampshire’s divorce laws and regulations have witnessed significant changes aimed at modernizing family law, promoting fairness, and prioritizing the well-being of individuals navigating divorce proceedings. From property division to child custody, these changes underscore New Hampshire’s commitment to addressing evolving family dynamics. This article provides an overview of key amendments in New Hampshire’s divorce laws and regulations from 2013 to 2023, grouped by the year of implementation.
2013: No-Fault Divorce Simplification
– Simplification of the process for obtaining a no-fault divorce, reducing procedural complexities.
2014: Property Division Guidelines
– Adoption of guidelines for equitable distribution of marital property, ensuring fair asset allocation.
2015: Child Custody Emphasis
– Focus on the best interests of the child when determining custody arrangements.
2016: Spousal Support Factors
– Introduction of factors considered when awarding spousal support, including financial circumstances.
2017: Digital Documentation Acceptance
– Adoption of digital documentation and electronic filing options to enhance efficiency.
2018: Comprehensive Parenting Plans
– Emphasis on comprehensive parenting plans outlining custody, visitation, and child support arrangements.
2019: Child Support Review
– Periodic review and potential adjustment of child support guidelines to reflect economic changes.
2020: Collaborative Divorce Promotion
– Promotion of collaborative divorce as an alternative dispute resolution method, reducing adversarial processes.
2021: Domestic Violence Protections
– Strengthening protections for victims of domestic violence during divorce proceedings.
2022: Complex Financial Divorces
– Exploration of guidelines for divorces involving intricate financial portfolios.
2023: Online Divorce Filing
– Introduction of online divorce filing options to enhance accessibility and convenience.
New Hampshire’s dedication to updating its divorce laws underscores its commitment to fostering a fair and just legal environment during times of family transition. By addressing modern family dynamics and prioritizing the interests of all parties involved, New Hampshire continues to ensure that its legal framework remains responsive and supportive.
A Brief Guide To Divorce In New Hampshire
Couples who need to separate in New Hampshire should be aware of the following things:
New Hampshire State Divorce Laws
To file for divorce in New Hampshire, at least one of the parties must have been a resident of the state for the past year or longer. You can file in the county where either party lives.
Grounds For Divorce
Aside from no-fault divorces, there are several grounds for divorce in New Hampshire. Petitions for at-fault divorce may cite the reasons of:
• Impotence
• Adultery
• Extreme cruelty
• A partner’s conviction for a crime that could carry a sentence of imprisonment for at least a year
• Health-endangering treatment
• Chronic drunkenness in your partner for two years or longer
• One partner joins a religious group or sect that does not condone marriage
• Abandonment for two years or longer
Legal Separation
Couples who are uncertain whether they wish to file for divorce in New Hampshire can apply for legal separation. This will create legally binding documents establishing guidelines for child support, payment of debt and other issues. These terms can later be applied to divorce if the couple decides to take that step. The separation can be withdrawn if the couple is reconciled.
Types of Divorce
If both partners agree on all the terms of their divorce, a joint petition can be filed for a no-fault, uncontested divorce. Couples who are unable to reach an agreement in any area will appear in court to have a judge hear the facts of their contested divorce.
No Fault Divorce
Fault does not have to be demonstrated for a divorce to be granted. A no fault divorce in New Hampshire can be granted on the grounds of irreconcilable differences that have irreparably damaged the marriage.
Steps In The Divorce Process
If a joint petition is not submitted, after one spouse submits a petition for divorce in New Hampshire is filed, the other will receive a notification. The other party will have 10 days to go to court and receive a copy of the divorce petition. If they do not pick up their paperwork, they will receive a copy by certified mail or from a sheriff.
Couples without children under the age of 18 who complete all the forms and are in agreement may not be required to appear in court. Couples with minor children will need to appear in court for an initial and final hearing, and will also be required to complete a child impact seminar.
Spousal Support
Depending on the nature of the divorce, one spouse or another may petition for alimony. The finances and employability of both people will be among the factors taken into consideration.
Child Support
Child support is calculated as a direct percentage of the income of whichever parent does not have custody. Adjustments may be made in the case of unexpected child medical expenses, the non-custody parent’s ability to pay and other factors.
Fathers’ and Mothers’ Rights
Custody decisions are not made on the basis of gender in cases of divorce in New Hampshire. Joint custody is often awarded but is not the default judgment of the court. Children who are old enough may state a preference as to which parent they want to live with.
