NH Law About... Divorce

Introduction to... Divorce

Posted March 10, 2017.

Divorce, annulment of marriage, and legal separation in New Hampshire are all controlled by RSA 458.   There are also many federal statutes, too numerous to list here, which impact aspects of divorce.  These statutes control subjects such as federal gift or income tax, health care, social security, armed forces, veteran’s benefits, alimony, bankruptcy, civil service, and others. The Read About books listed below cover many of these federal laws.  

The NOLO books listed below are great resources but they are not about New Hampshire law. Use them for an introduction and then look at the New Hampshire resources.  

Please remember that this guide is for information purposes only and is not comprehensive. It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use. NH Law About ...  is not a substitute for the services of an attorney.  

 


Read about... Divorce

WEBSITES

Circuit Court. Family Division - Divorce/Parenting

Link verified on: March 23, 2017

The Family Division handles cases involving divorce. It also handles parenting actions between unmarried persons. Parenting actions used to be called "custody" or "visitation" actions.   GO>

Circuit Court. Family Division - Divorce/Parenting Mediation

Link verified on: March 10, 2017

Mediation eases the difficulty of the court process. It gives parties a chance to talk together about how to resolve the matters in a way that address both present and future needs in a manner that is acceptable to everyone involved. It can reduce stress and uncertainty.   GO>

New Hampshire Legal Aid. Divorce, Separation & Annulment

Link verified on: March 10, 2017

Filing for divorce in New Hampshire – Basics of NH divorce law – Grandparents' visitation rights in a divorce.   GO>


PRINT

Advanced issues in family and divorce law. NBI National Business Institute, [2016]

Legal update : a year in review -- Advanced discovery and evidence in divorce -- Ethics in family law -- Complex assets : valuation and division -- Tax issues in divorce -- Advanced custody issues -- Unmarried couples, domestic partnerships, same-sex marriage -- Advanced parenting/adoption issues -- Immigration issues in family law -- Mental health issues in family law.   GO>

Link verified on: March 10, 2017

Family law / by Charles G. Douglas. New Providence, N.J. : LexisNexis, 2014. 4th ed.   GO>

Link verified on: May 23, 2017

Financial divorce settlements from start to finish. Eau Claire, WI. : NBI National Business Institute, ©2013

Survey of recent opinions -- Dividing retirement assets -- Finding, valuing and dividing other assets and debts -- Mortgage and credit treatment in divorce -- Bankruptcy in divorce Ethics.   GO>

Link verified on: August 7, 2017

A practical guide to divorce in New Hampshire / editor, Jeanmarie Papelian ; marital masters, Robert J. Foley ... [et al.] ; authors, Michael L. Alfano ... [et al.]. Boston, MA : MCLE Ne  GO>

Link verified on: May 23, 2017

Divorce after 50 : your guide to the unique legal & financial challenges. Nolo, 2016  GO>

Link verified on: March 10, 2017

Divorce & money : how to make the best financial decisions during divorce. Berkely, California : Nolo, 2017  GO>

Link verified on: March 10, 2017

Nolo's essential guide to divorce. Nolo, 2016  GO>

Link verified on: March 10, 2017

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Read the law about... Divorce

NEW HAMPSHIRE STATUTES

RSA 458. Annulment, Divorce and Separation  GO>

Link verified on: May 23, 2017

RSA 458-A. Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)  GO>

Link verified on: March 23, 2017

RSA 458-B. Income Assignment  GO>

Link verified on: March 10, 2017

RSA 458-C. Child Support Guidelines  GO>

Link verified on: March 10, 2017

RSA 458-D. Parental Rights and Responsibilities and Child Support Impact Seminars  GO>

Link verified on: March 23, 2017

RSA 458-E. Military Parents' Rights Act  GO>

Link verified on: March 23, 2017

RSA 459. Uniform Divorce Recognition Act  GO>

Link verified on: March 10, 2017

RSA 461-A. Parental Rights and Responsibilities  GO>

Link verified on: March 23, 2017

Find it in a Library ... New Hampshire Revised Statutes Annotated

Link verified on: July 21, 2017

Find the New Hampshire statutes in print at libraries throughout the state.   GO>

Learn About New Hampshire Statutes: New Hampshire statutes are the laws of the State of New Hampshire as enacted by the New Hampshire General Court. GO>
 

NEW HAMPSHIRE CASES

123 N.H. 252 (1983). Ebbert v. Ebbert

Link verified on: March 10, 2017

It is well settled that when the legislature established irreconcilable differences as a no-fault ground for divorce, the original thirteen grounds for divorce based on fault were not repealed and thus remain as valid grounds for divorce.   GO>

131 N.H. 377 (1988). Boucher v. Boucher

Link verified on: March 10, 2017

Although fault may not be considered in making a division of property following a no-fault divorce decree, property need not be distributed equally, though it must be distributed equitably. A court may consider a number of factors in dividing the parties' assets, including the length of the marriage, the ability of the parties to support themselves, and the need of a party to provide a home for minor children.   GO>

134 N.H. 388 (1991) Halliday v. Halliday

Link verified on: March 10, 2017

Under RSA 458:16-a, I, a pension interest is property subject to equitable distribution notwithstanding the fact that it is not vested. A lack of present value of the pension may not, therefore, support a decision not to award a percentage thereof to the non-military spouse.   GO>

166 N.H. 726 (2014). Petition of Malisos

Link verified on: March 10, 2017

A legal separation differs from a divorce in that: (1) the parties are not free to marry any third person; (2) the name of the wife cannot be changed; and (3) the parties may at any time resume marital relations after filing a written declaration of such resumption with the clerk of the superior court for the county in which the separation was decreed. While the separation has in all respects the effect of a divorce, it is not a divorce, and the parties remain legally married.   GO>

150 A.3d 386 (2016). Matter of Geraghty

Link verified on: August 7, 2017

In New Hampshire, annulment of a marriage for fraud is granted only with extreme caution. Annulment is not granted for any and every kind of fraud. Fraud by one of the parties as to character, morality, habits, wealth, or social position is generally held insufficient to annul a marriage. Consequently the standard for the annulment of a marriage is both strict and stringent. The fraudulent representations for which a marriage may be annulled must be of something essential to the marriage relation of something making impossible the performance of the duties and obligations of that relation or rendering its assumption and continuance dangerous to health or life.   GO>

Find it in a Library ... New Hampshire Reports

Link verified on: July 21, 2017

Find the New Hampshire Reports in libraries throughout the state.   GO>

Learn About New Hampshire Cases: New Hampshire case law consists of the published opinions of the New Hampshire Supreme Court. GO>
 

NEW HAMPSHIRE COURT RULES

Circuit Court. Family Division. Domestic Relations Rules  GO>

Link verified on: May 23, 2017

Learn About New Hampshire Court Rules: Follow this link to learn how to search court rules online as well as what court rules are and how they're published. GO>
 

NEW HAMPSHIRE FORMS

Circuit Court. Family Division. Divorce/Parenting Forms  GO>

Link verified on: March 23, 2017


FOR MORE HELP ...

New Hampshire Law Library

Link verified on: September 22, 2017

The state's only public law library. Call, email, or visit, we'll be happy to help.   GO>


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