Frequent question: What are the divorce laws in New Hampshire?

New Hampshire law requires that all divorce decrees include an equitable division of property. “Equitable” means fair, and courts will start off with the idea that fair means even. If you want some division that is not 50/50, then you will need to explain to the judge why your request is fair.

Is NH A 50/50 divorce state?

New Hampshire is an “equitable distribution” state, which divides property based on a judge’s determination of what’s fair under the circumstances of each case. Community property states, on the other hand, allocate property between spouses as close to 50-50 as possible.

How long does a divorce take in NH?

How long does a divorce take in New Hampshire? Once the New Hampshire divorce paperwork has been filed in court, it usually takes 30 to 90 days for a divorce to be final.

How long do you have to be married to get alimony in NH?

The purpose of alimony is to allow both parties to maintain a reasonable standard of living. A party may request alimony while the divorce is pending or no later than five years from its effective date.

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Is there alimony in the state of New Hampshire?

On January 1, 2019, New Hampshire’s new alimony laws went into effect. Alimony refers to court-ordered payments awarded to a former spouse as part of a divorce agreement. New Hampshire courts often award alimony to the spouse who made a lower income or no income at all.

Who gets to stay in the house during a divorce?

You can legally stay in your house during the divorce process unless there is a restraining order, or other court order requiring you to stay away from your spouse, your children, or the property. However, every person will have a different comfort level regarding staying in the marital home during the divorce process.

Is adultery a crime in NH?

Adultery, until recently, was a crime in New Hampshire although not prosecuted for many years. It is a fault grounds for divorce. … New Hampshire does not bar a party from receiving alimony, or spousal maintenance, if adultery is proved, nor may it necessarily award the innocent spouse a greater share of the assets.

How much does a divorce cost in NH?

If your case is simple (no children, house, or pension) and all issues worked out before you hire the lawyer, you might find a lawyer who would do it for about $1,000. In most of my cases, the total fees are between $2,000-$6,000. Litigation is the most expensive method.

What is the cheapest way of getting a divorce?

By filing a no-fault, uncontested divorce with an agreement an attorney has reviewed—especially in a state with a short residency period—you can get a quick divorce. The benefits of a quick divorce are that it saves money on legal fees and it saves a lot of stress.

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How much is alimony in NH?

Under the new law, the length of a term alimony order was also defined. Now, the maximum duration of term alimony is 50 percent the length of the marriage, unless the parties agree otherwise, or the Court finds that justice requires an adjustment.

Do I have to support my wife during separation?

In short, there is a common law duty imposed upon spouses to support each other whilst the marriage/civil partnership exists but what many people aren’t aware of is that the duty continues after separation as a result of statute. There is no automatic entitlement to spousal maintenance on divorce or dissolution.

How does alimony work in NH?

New Hampshire law defines alimony as one or more payments made to, or for the benefit of, a spouse or former spouse. In plain English, alimony is a monetary payment that one spouse gives the other during a divorce and/or for a period after. This can be arranged by an agreement between the spouses and/or a court order.

Can you get a divorce without your spouse’s consent?

You Do Not Need Your Spouse’s Consent to Obtain a Divorce

You have the right to file for divorce in a court that has jurisdiction over your marriage, serve your spouse with the divorce papers, and seek a divorce with or without their permission or participation.

What can you not do during a divorce?

25 Things Not to Do During a Divorce

  • Do not lie or hide things from your attorney. …
  • Do not use illegal drugs and do not associate with people who use illegal drugs. …
  • Do not discuss the case with your children. …
  • Pay Attention: Do not post your divorce drama on Social Media.
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Are separate bank accounts marital property?

But the benefit of this money management system is mostly psychological, rather than legal. If you live in a community property state, anything acquired during the marriage — including the income used to fund those separate accounts — is considered “community property” and therefore belongs to both spouses.

What is the easiest state to get a divorce?

The 5 Easiest States To Get A Divorce:

  • New Hampshire.
  • Wyoming.
  • Alaska.
  • Idaho.
  • South Dakota.
After Divorce