New Hampshire No Fault Divorce

The county in which either the Petitioner lives or the Respondent stays is the venue for filing the divorce papers. Some counties prescribe that the Superior Court is the right place to conduct divorce proceedings. There are other counties that state that the new Family Court system is the proper venue for the divorce process.

Grounds of New Hampshire No Fault Divorce

There must be irreconcilable differences between the divorcing partners and no possible reconciliation between them in the future.

Residency requirements of New Hampshire No Fault Divorce

• The divorcing parties must live within this state when the divorce action is begun, or
• The Petitioner must live in this state for 1 year prior to the filing date and the Respondent, who resides in another state, must be process served, or
• The Petitioner lives in this state and the Respondent, who also lives within this state, is process served

Statistics of New Hampshire No Fault Divorce

It has been observed that 98 percent of the total divorces in this state are no fault divorces.

2000

Total number of divorces: 5,920
Divorces due to abandonment: 2
Divorces due to extreme cruelty: 7
Divorces due to adultery: 26
No fault divorces: 5,920

2004

Total number of divorces: 5,106
Divorces due to abandonment: 1
Divorces due to extreme cruelty: 9
Divorces due to adultery: 19
No fault divorces: 5,042

2008

Total number of divorces: 4,913
Divorces due to abandonment: 10
Divorces due to extreme cruelty: 9v Divorces due to adultery: 27
No fault divorces: 4,847

It has been observed that a majority of divorcing couples accede to divorce on the basis of irreconcilable differences and that most of the cases settle before trial. The divorcing couples have become aware of the fact that if they allege fault grounds, then, the stress, duration and expense of the divorce can increase dramatically. These couples consider that if they choose a fault ground, then, whether it would damage a co-parenting relation and what would the fault grounds accomplish.

The issue of Property Distribution

New Hampshire believes in equitable distribution of property. The term “equitable” does not mean equal, but in a manner that can be considered fair. Initially, the court inspires the divorcing partners to develop a settlement regarding this issue. However, the partners may fail to reach a settlement. Then, the court takes into account certain factors, some of which are mentioned below.

• The value of any property that is attained by descent, devise or gift
• The value of the property earned before the marriage
• The value of the property acquired by exchanging the property attained prior to the marriage
• If a valid prenuptial contract is made in good faith by the divorcing partners, then, the value of property that is assigned to each as per this contract
• The expectation of retirement rights or pension attained before or during marital life
• The chance for each partner for future acquisition of income or capital assets
• The period of marital life
• The following attributes of each divorcing partner
  • Needs and liabilities
  • Sources and amount of income
  • Separate property
  • Employability
  • Vocational skills
  • Occupation
  • Economic and social status
  • Health
  • Age

Divorce Papers