Statutory Reference to New Hampshire Revised Statutes Annotated:

Residence: § 458:5, 458:6

Divorce: §§ 458:7, 458:7-a

Property Distribution: § 458:16-a(II)

Alimony: § 458:19

Custody: § 458:17

Visitation: § 458:17-d

Child Support: § 458:-C:1

 

Residence:

(1) Both parties must be residents of the state when the divorce is filed, or (2) the spouse filing for divorce must have been a resident of New Hampshire for one year immediately prior to the filing of the divorce and the other spouse was personally served with process in New Hampshire, or (3) the cause of divorce must have arisen in New Hampshire and one of the spouses must be living in New Hampshire when the divorce is filed for.

 

Grounds:

Fault:   Irreconcilable differences which have cause irremediable breakdown of the marriage.

Fault grounds: (1) impotency; (2) adultery; (3) abandonment for two years; (4) imprisonment with a sentence of more than one year; (5) physical abuse or reasonable apprehension of physical abuse; (6) desertion without support for two years; (7) cruel and inhuman treatment; (8) habitual intemperance for two years; (9) living separate and apart without cohabitation for two years; (10) mental abuse; (11) joining a religious society which professes that the husband/wife relationship is unlawful; (12) desertion outside state; (13) nonsupport by spouse in foreign country.

 

Distribution of Property:

Equitable distribution of all property of the parties, with equal division of property acquired during the marriage presumed to be equitable.  Twenty-two factors considered, including duration of marriage, employability, opportunity for future acquisition of assets, needs of parties for marital home and to take care of children. 

 

Alimony/Spousal Support:

The court may award alimony to either party in need, either temporary or permanent, for a definite or indefinite period of time.  In determining the amount, the court shall consider the length of the marriage, the age, health, social or economic status of the parties, etc.  Thirteen factors listed.

 

Child Custody/Visitation:

Joint legal custody is presumed to be in the best interests of the child, unless the child has been abused by one of the parents.  Custody is awarded based on preference of the child, education of the child, findings and recommendations of a neutral mediator, any other factors.  Repeated and unwarranted interference by a parent with primary custody is a factor for modifying custody. 

 

Child Support:

Child support guidelines set out by statute.  The guidelines are based on the Income shares model figured on net income.