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New Hampshire Divorce Law

Divorce Laws in New Hampshire

According to New Hampshire divorce laws, you may request either a no-fault or fault divorce. The entry of a no fault divorce requires only the statement of irreconcilable differences causing the irremediable breakdown of the marriage. Fault grounds can include, but is not limited to, adultery, abandonment for two years and cruel and inhumane treatment. Additionally, both of the spouses must have been a resident in the state of New Hampshire at the time of filing for divorce in NH.

Alimony & Equitable Distribution in New Hampshire

New Hampshire is known as an equitable distribution state. According to the divorce laws in New Hampshire this means that all marital property must be divided equally. Separate property, or property acquired prior to marriage, shall be divided equitably or fairly between the spouses.

Alimony can be awarded to either the husband or wife. Such factors as the length of the marriage, the partiesí prior living standard, etc. are considered in determining the amount and duration that should be paid.

New Hampshire Child Support, Child Visitation and Child Custody

The main focus in determining child custody, according to New Hampshire divorce law, is the best interest of the children. However, under NH divorce laws, joint custody is presumed to be the best custody. Child custody shall be awarded based on the preferences of the child. Visitation rights are typically awarded to the non custodial parent.

Child support (a percentage of the non-custodial parentsí income paid to assist with the support of his children) is determined by the Income Shares model, based on net income as set forth by divorce law in New Hampshire.

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