NH Lawyer Blog

Divorce in NH: What are the Basic Laws I Should Know?

In the state of New Hampshire, anyone who files a Petition for Divorce with the Superior Court has to meet certain requirements.

New Hampshire Grounds for Divorce

New Hampshire is referred to as a mixed state, which means that those filing for divorce possess the option to file a fault-based divorce or no-fault divorce.

Uncontested Divorce in NH

Divorce in NHIn the state of New Hampshire, an uncontested divorce is filed jointly by both, even if they haven't already agreed on the divorce's terms and conditions. They might continually negotiate after filing, but an uncontested divorce will save the expense of officially serving divorce papers. Once the parties have reached an agreement, this becomes legally known as an Agreed Divorce. A decree may be handed down without having to have a hearing.

Contested Divorce in NH

If the parties in a divorce can't agree on the settlement issues, they have to enlist divorce lawyers to assist in negotiating a settlement or attend court to have the judge make a ruling. It's referred to as a contested divorce and will take longer, and cost more than an uncontested divorce.

Annulment in NH

Annulments terminate a marriage in a similar way that a divorce does, but an annulment will void the marriage and, legally, it's as if the marriage never happened. But, an annulment is more challenging to obtain due to the difficulty of proving the annulment grounds:

  • Physical disability hindering a usual married life
  • Incest
  • Mental incapacity affecting marital life
  • Addiction to alcohol or drugs
  • Same-sex marriage

No-Fault Divorce in NH

In the state of New Hampshire, grounds for a no-fault divorce include irreconcilable differences which result in the marital breakdown.

NH Fault Divorce

Fault-based divorces may be obtained by showing one of these divorce grounds:

  • Abandonment for two straight years in a row by refusing to cohabit ate
  • When one spouse refuses cohabitation for six months or more because of a joining of a cult or religious sect which prohibits it
  • Habitual drunkenness which lasts more than two years
  • Separation of two or more years without contact
  • Severe injury or endangerment
  • Imprisonment or felony conviction
  • Extreme cruelty
  • Adultery
  • Impotence

Military Divorce in NH

Spouses within the military are protected by New Hampshire state law in the following ways:

  • Child support isn't to exceed 60 percent of service person's allowances and pay
  • Direct payment of retirement pay is offered to partners married ten or more years
  • Proceedings might be postponed all throughout the spouse's service and upwards of sixty days after
  • If divorce papers can't be personally served, then the service person can't be charged with default or not responding to a divorce action
  • Divorce papers have to be served personally to the recipient

Our Uncontested Divorce Lawyer Gilford, NH Waiting to Serve You

If you are considering an uncontested divorce, contact NH Divorce attorney at Lucas Law, PLLC, in Gilford, New Hampshire or call at (603) 581-7102 today. We will be happy to answer any questions you may have and to schedule a free, no-obligation consultation. During the consultation, we will ensure that you understand how certain decisions regarding the dissolution of your marriage will have on you and your future. Articles Related to Divorce Law: