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In New Hampshire, either spouse can file for divorce as long as at least one of them has been a resident of the state for a minimum of one year prior to the filing. The divorce petition can be filed in the county where either spouse resides.
New Hampshire is a "no-fault" divorce state, meaning that you don't need to prove any specific reasons or grounds for divorce other than irreconcilable differences that have caused the irremediable breakdown of the marriage.
Either spouse can file for divorce in New Hampshire. In New Hampshire, the primary legal ground for divorce is based on the concept of "irreconcilable differences," which essentially means that there has been an irreparable breakdown in the marital relationship.
Yes, New Hampshire requires a period of separation before a couple can get divorced. The state law requires that the couple live separately for a continuous period of six months before the final divorce decree is granted, or alternatively, for one year if the separation is agreed upon, formalized in writing, and if either spouse files a verified, notarized affidavit.
New Hampshire is not a community property state. Instead, it is an equitable distribution state. This means that marital property is divided fairly between spouses, but not necessarily equally.
The court will consider a variety of factors when determining a fair distribution, including the length of the marriage, the age and health of each spouse, each spouse's income and earning potential, and any contributions made by each spouse to the marriage.
Non-marital property, such as property owned before the marriage or received as a gift or inheritance, is generally not subject to division.
The cost of divorce in New Hampshire varies depending on several factors, including the complexity of the case, whether you hire a lawyer, and how much time and effort you put into resolving issues such as property division and child custody.
If you and your spouse can reach an agreement on all issues without going to trial, the cost of an uncontested divorce in New Hampshire will typically be lower than a contested divorce.
The filing fee for a divorce complaint in New Hampshire is $230. Some lawyers also charge a flat fee for uncontested divorce cases, which may range from $1,000 to $3,000 depending on your location and the complexity of your case.
If your divorce requires more time and effort to resolve, such as when there are complex financial issues, contested custody matters, or property disputes, the cost will often be higher. Some lawyers charge an hourly rate for their services, which may range from $150 to $500 per hour.
In addition to legal fees, other expenses may include fees for court filing, mediation, or other professional services that may be required to complete your divorce.
The length of time it takes to get a divorce in New Hampshire varies depending on various factors including the complexity of the case and the willingness of the parties to work together.
Typically, an uncontested divorce can take approximately 3-6 months, while a contested divorce may take up to several years to resolve. The court calendar and the workload of the judge and attorneys may also affect the duration of the divorce process.
Child custody in New Hampshire is decided based on the best interests of the child. The court considers several factors, including but not limited to:
1. The child's age, health, and mental and emotional needs
2. The parents' ability to provide for the child's needs, such as food, shelter, and medical care
3. The past and current relationship of the child with each parent
4. Each parent's ability and willingness to foster a positive relationship between the child and the other parent
5. The child's preferences, if they are of sufficient age and maturity to express a reasoned opinion
6. Whether there is a history of domestic violence or abuse involving either parent
The court can award joint custody, where both parents share decision-making responsibilities and time with the child, or sole custody, where one parent has physical and legal custody of the child.
In some cases, the court may award primary physical custody to one parent and grant the other parent parenting time, also known as visitation.