New Hampshire Divorce Laws
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The following is a summary of New Hampshire divorce laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full New Hampshire Statutes and/or consult with an attorney about how the law might apply to your particular situation.

Residency Laws.
A divorce can be filed in New Hampshire when both parties were domiciled in the state when the divorce papers were filed, when the plaintiff was domiciled in New Hampshire and the defendant was personally served within New Hampshire, or when the plaintiff was domiciled in New Hampshire for one year next preceding the time when the divorce papers were filed.

-From Section 458:5 of the New Hampshire Statutes.

 

Grounds for Divorce.
A divorce in New Hampshire can be granted, irrespective of the fault of either party, on the ground of irreconcilable differences which have caused the irremediable breakdown of the marriage. New Hampshire laws also list the following fault grounds:

a. Impotency of either party.

b. Adultery of either party.

c. Extreme cruelty of either party to the other.

d. Conviction of either party, in any state or federal district, of a crime punishable with imprisonment for more than one year and actual imprisonment under such conviction.

e. When either party has so treated the other as seriously to injure health or endanger reason.

f. When either party has been absent 2 years together, and has not been heard of.

g. When either party is an habitual drunkard, and has been such for 2 years together.

h. When either party has joined any religious sect or society which professes to believe the relation of husband and wife unlawful, and has refused to cohabit with the other for 6 months together.

i. When either party, without sufficient cause, and without the consent of the other, has abandoned and refused, for 2 years together, to cohabit with the other.

-From Section 458:7 of the New Hampshire Statutes.

 

Additional Information.
New Hampshire laws require a 4-hour mandatory course when minor children are involved in a divorce. The course should be a seminar on how to help the children deal with the issues surrounding divorce, separation, and custody, and shall consist of the following:

(a) The seminar shall be conducted by a certified family therapist or other persons certified by the superior court, to inform the parents of the best way to address problems which the children face as the result of the divorce or separation. Presenters shall be a male and a female.

(b) Up to 1/2 hour of the session may be a segment on divorce options such as arbitration, mediation, and litigation.

(c) The session shall be tailored to those issues concerning the children which may be of particular concern during the divorce or separation process including, but not limited to:

(i) Understanding the process of divorce or separation: interaction between parent and child, areas of adjustment, and areas of concern.

(ii) Understanding how children react to the divorce or separation, how to spot problems, what to tell them about divorce or separation, how to keep communication open, and answering questions and concerns they may have about the process.

(iii) How parents can help their children during the divorce or separation: specific strategies, ideas, tools, and resources for assistance.

(iv) How parents can help children after the divorce or separation: new family structures, and how to deal with different sets of rules.

(v) Making clear that the general goal of cooperation between parents may sometimes be inappropriate, particularly in cases of domestic violence.

The parties don't need to attend the course together, and if there's domestic violence, they should attend separately. The court may grant a waiver if one party is incarcerated, has previously attended the course, or if the court finds good cause to grant a waiver where appropriate, including but not limited to, cases of domestic violence, transportation, or child care. Time extensions may be granted.

-From Sections 458-D:1-8 of the New Hampshire Statutes.

 

If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.

Other pages on New Hampshire divorce laws:
General New Hampshire Divorce Laws
Alimony Divorce Laws in New Hampshire
New Hampshire Child Custody Laws
New Hampshire Child Support Laws
New Hampshire Laws on Property Division

 

© Help Yourself Divorce 2002-2008

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.

This information has been summarized from the New Hampshire statutes. You can find the full-text version of these and other New Hampshire divorce statutes online here: New Hampshire Divorce Laws.