Divorce Statutes in New Hampshire- Dissolution

New Hampshire divorce statutes § 458:7 Revised statutes Absolute Divorce, Generally. Grounds

A divorce from the bonds of matrimony shall be decreed in favor of the innocent party for any of the following causes: 
    I. Impotency of either party. 
    II. Adultery of either party. 
    III. Extreme cruelty of either party to the other. 
    IV. Conviction of either party, in any state or federal district, of a crime punishable with imprisonment for more than one year and actual imprisonment under such conviction. 
    V. When either party has so treated the other as seriously to injure health or endanger reason.    
    VI. When either party has been absent 2 years together, and has not been heard of.
    VII. When either party is an habitual drunkard, and has been such for 2 years together. 
    VIII. When either party has joined any religious sect or society which professes to believe the relation of husband and wife unlawful, and has refused to cohabit with the other for 6 months together. 
    IX. When either party, without sufficient cause, and without the consent of the other, has abandoned and refused, for 2 years together, to cohabit with the other. 
    X-XIII. [Repealed.]

New Hampshire divorce statutes 458:7-a Revised statutes Absolute Divorce, Irreconcilable Differences.

A divorce from the bonds of matrimony shall be decreed, irrespective of the fault of either party, on the ground of irreconcilable differences which have caused the irremediable breakdown of the marriage. In any pleading or hearing of a petition for divorce under this section, allegations or evidence of specific acts of misconduct shall be improper and inadmissible, except where parental rights and responsibilities are an issue and such evidence is relevant to establish that a particular allocation of parental rights and responsibilities would be detrimental to the child or at a hearing where it is determined by the court to be necessary to establish the existence of irreconcilable differences. If, upon hearing of an action for divorce under this section, both parties are found to have committed an act or acts which justify a finding of irreconcilable differences, a divorce shall be decreed and the acts of one party shall not negate the acts of the other nor bar the divorce decree. The court's findings and decree may be based on oral testimony or written stipulations of the parties.

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New Hampshire divorce statutes § 458:15-c Revised statutes Mediation.

I. In this section: 
       (a) 'Mediation' means a process in which a neutral third party facilitates settlement discussions between parties. 
       (b) 'Mediator' means a family mediator, certified pursuant to RSA 328-C, who has contracted with the court to participate in court-referred mediation under this section. 
II. The court may order the parties to participate in mediation upon the request of either party or at the discretion of the court. If the parties are ordered to participate in mediation under this section, all issues relevant to their case, including but not limited to property settlement and alimony also shall be mediated unless the court orders otherwise. Mediation may not be ordered pursuant to this section if the case involves minor children and the parties are eligible for mediation under RSA 461-A:7. 
III. Reasons the court may choose not to order mediation include, but are not limited to, the following: 
       (a) A showing of undue hardship to a party. 
       (b) An agreement between the parties for alternate dispute resolution procedures. 
       (c) A finding of alcoholism or drug abuse unless all parties agree to mediation. 
       (d) An allegation of serious psychological or emotional abuse. 
       (e) Lack of an available, suitable mediator within a reasonable time period.

IV. The court shall not order mediation if there is a finding of domestic violence as defined in RSA 173-B:1, unless all parties agree to mediation. 
V. The mediator has no authority to make a decision or impose a settlement upon the parties. The mediator shall attempt to focus the attention of the parties upon their needs and interests rather than upon their positions. Any settlement is entirely voluntary. In the absence of settlement, the parties lose none of their rights to a resolution of their dispute through litigation. 
VI. Either party may move to have the mediator replaced for good cause. 
VII. Mediation proceedings shall be held in private, and all communications, oral or written, made during the proceedings, which relate to the issues being mediated, whether made by the mediator, or a party, or any other person present, shall be privileged and confidential and shall not be disclosed and shall not be admissible in court, except as provided in RSA 328-C:9. 
VIII. Any mediated agreement reached by the parties on all or some of the disputed issues shall be reduced to writing, signed by each party, and filed with the court as soon as practicable. 
IX. The parties shall participate at mediation in good faith. If the mediator determines that mediation is not helpful in resolving the dispute, the mediator shall report that fact to the court and return the matter to the court for adjudication of the underlying issues.

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New Hampshire divorce statutes § 458:16 Revised statutes Temporary Relief and Permanent Restraining Orders.

I. After the filing of a petition for divorce, annulment, separation or a decree of nullity, the superior court may issue orders with such conditions and limitations as the court deems just which may, at the discretion of the court, be made on a temporary or permanent basis. Temporary orders may be issued ex parte. Said orders may be to the following effect: 
       (a) Directing any party to refrain from abusing or interfering in any way with the person or liberty of the other party. 
       (b) Enjoining any party from entering the premises wherein the other party resides upon a showing that physical or emotional harm would otherwise result. 
       (c) Enjoining any party from contacting the other party at, or entering, the other party's place of employment or school. 
       (d) Enjoining any party from harassing, intimidating or threatening the other party, other party's relatives regardless of their place of residences, or the other party's household members in any way. 
       (e) Determining the temporary custody and maintenance of any minor children as shall be deemed expedient for the benefit of the children; provided, however, that no preference shall be given to either parent in awarding such custody because of the parent's sex. 
       (f) Ordering a temporary allowance to be paid for the support of the other. 
       (g) Enjoining any party from transferring, encumbering, hypothecating, concealing or in any way disposing of any property, real or personal, except in the usual course of business or for the necessities of life, and if such order is directed against a party, it may require such party to notify the other party of any proposed extraordinary expenditures and to account to the court for all such extraordinary expenditures.
       (h) Ordering the sale of the marital residence provided that both parties have previously filed a written stipulation with the clerk of the court explicitly agreeing to the sale of the

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property prior to the final hearing on the merits. If the parties have not so stipulated, the sale of the marital residence shall not be ordered prior to the final hearing as long as the court deems the party residing within the marital residence to have sufficient financial resources to pay the debts or obligations generated by the property, including mortgage payments, taxes, insurance, and ordinary maintenance, as those debts and obligations come due. 
II. (a) Ex parte orders may be granted without written or oral notice to the adverse party only if the court finds from specific facts shown by affidavit or by the verified petition, that immediate and irreparable injury, loss, or damage will result to the applicant, the children, or property before the adverse party or attorney can be heard in opposition. 
       (b) No ex parte order shall be granted without: 
          (1) An affidavit from the moving party verifying the notice given to the other party or verifying the attempt to notify the other party. 
          (2) A determination by the court that such notice or attempt at notice was timely so as to afford the other party an opportunity to be present. 
       (c) If temporary orders are made ex parte, the party against whom the orders are issued may file a written request with the clerk of the superior court and request a hearing thereon. Such a hearing shall be held no later than 5 days after the request is received by the clerk for the county in which the petition for divorce, annulment, separation or decree of nullity is filed. 
III. When a party violates a restraining order issued under this section by committing assault, criminal trespass, criminal mischief, stalking, or another criminal act, that party shall be guilty of a misdemeanor, and peace officers shall arrest the party, detain the party pursuant to RSA 594:19-a and refer the party for prosecution. Such arrests may be made within 12 hours after a violation without a warrant upon probable cause whether or not the violation is committed in the presence of a peace officer.

New Hampshire divorce statutes § 458:16-a Revised statutes Property Settlement.

of the home. 
       (h) Any direct or indirect contribution made by one party to help educate or develop the career or employability of the other party and any interruption of either party's educational or personal career opportunities for the benefit of the other's career or for the benefit of the parties' marriage or children. 
       (i) The expectation of pension or retirement rights acquired prior to or during the marriage. 
       (j) The tax consequences for each party. 
       (k) The value of property that is allocated by a valid prenuptial contract made in good faith by the parties. 
       (l) The fault of either party as specified in RSA 458:7 if said fault caused the breakdown of the marriage and: 
          (1) Caused substantial physical or mental pain and suffering; or 
          (2) Resulted in substantial economic loss to the marital estate or the injured party. 
       (m) The value of any property acquired prior to the marriage and property acquired in exchange for property acquired prior to the marriage. 
       (n) The value of any property acquired by gift, devise, or descent. 
       (o) Any other factor that the court deems relevant. 
III. If either or both parties retain an ownership interest in an education savings account held on behalf of a child of the marriage, including a qualified tuition program under 26 U.S.C. Section 529, the court may, in its discretion, preserve the account for its original purpose or may treat the account as property of the marriage subject to equitable division of property under this section. 
IV. The court shall specify written reasons for the division of property which it orders.

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New Hampshire divorce statutes § 458:26 Revised statutes Legal Separation.

I. In any case in which a divorce might be decreed, the superior court, on petition of either party, may decree a legal separation of the parties, which separation shall have in all respects the effect of a divorce, except that the parties shall not thereby be made free to marry any third person and except as hereinafter provided. 

II. A person concerning whom a legal separation has been decreed may file a motion to amend the decree to one of divorce. The court may then consider whether justice requires that such a change be made, and, upon such consideration, the court may, in its discretion, grant such a motion.

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New Hampshire divorce statutes §  458-C:3 Revised statutes Child Support Formula.

IV. Self-support reserve and minimum child support obligation. 
       (a) If the obligor parent's gross income is less than the self-support reserve and the court has determined that the obligor is not voluntarily unemployed or underemployed, the court shall order the child support obligation in the amount of a minimum support order. 
       (b) If the obligor parent's gross income is greater than the self-support reserve but payment of the order as calculated under this chapter would reduce the obligor parent's income below the self-support reserve, the obligor parent's share of the total support obligation shall be presumed to be the difference between the self-support reserve and that parent's adjusted gross income, but in any event shall be no less than the amount of a minimum support order. 
       (c) [Repealed]. 
V. If the minor child is not currently enrolled in private health insurance, the court shall calculate a reasonable medical support obligation for each parent. A medical support obligation shall be reasonable if it does not exceed 4 percent of the individual parent's gross income under RSA 458-C:2, VI-a. If the court determines that health insurance is available at a reasonable cost to either parent, or is available by combining the reasonable medical support obligation of both parents, the court shall order either or both parents to provide such support.

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New Hampshire divorce statutes § Parental Rights and responsibilities

458-D:2 Seminar Required; Court Referral.

In the event of any action the court shall, no later than the respondent's filing of an appearance, require the parties to attend a 4-hour information session. This session shall be a seminar on how to help the children deal with the issues surrounding divorce, separation, and the allocation of parental rights and responsibilities.

New Hampshire divorce statutes 458-D:3 Revised statutes :: Seminar.

I. The seminar shall consist of the following: 
       (a) The seminar shall be conducted by a certified family therapist or other persons certified by the judicial branch family division, to inform the parents of the best way to address problems which the children face as the result of the divorce or separation. Presenters shall be a male and a female. 
       (b) Up to 1/2 hour of the session may be a segment on divorce options such as arbitration, mediation, and litigation.
       II. The session shall be tailored to those issues concerning the children which may be of particular concern during the divorce or separation process including, but not limited to: 
       (a) Understanding the process of divorce or separation: interaction between parent and child, areas of adjustment, and areas of concern. 
       (b) Understanding how children react to the divorce or separation, how to spot problems, what to tell them about divorce or separation, how to keep communication open, and answering questions and concerns they may have about the process. 
       (c) How parents can help their children during the divorce or separation: specific strategies, ideas, tools, and resources for assistance. 
       (d) How parents can help children after the divorce or separation: new family structures, and how to deal with different sets of rules. 
       (e) Making clear that the general goal of cooperation between parents may sometimes be inappropriate, particularly in cases of domestic violence.

New Hampshire divorce statutes 461-A:6 Revised statutes Determination of Parental Rights and Responsibilities; Best Interest

I. In determining parental rights and responsibilities, the court shall be guided by the best interests of the child, and shall consider the following factors: 
       (a) The relationship of the child with each parent and the ability of each parent to provide the child with nurture, love, affection, and guidance. 
       (b) The ability of each parent to assure that the child receives adequate food, clothing, shelter, medical care, and a safe environment. 
       (c) The child's developmental needs and the ability of each parent to meet them, both in the present and in the future. 
       (d) The quality of the child's adjustment to the child's school and community and the potential effect of any change. 

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       (e) The ability and disposition of each parent to foster a positive relationship and frequent and continuing physical, written, and telephonic contact with the other parent, except where contact will result in harm to the child or to a parent. 
       (f) The support of each parent for the child's contact with the other parent as shown by allowing and promoting such contact. 
       (g) The support of each parent for the child's relationship with the other parent. 
       (h) The relationship of the child with any other person who may significantly affect the child. 
       (i) The ability of the parents to communicate, cooperate with each other, and make joint decisions concerning the children. 
       (j) Any evidence of abuse, as defined in RSA 173-B:1, I or RSA 169-C:3, II, and the impact of the abuse on the child and on the relationship between the child and the abusing parent. 
       (k) If a parent is incarcerated, the reason for and the length of the incarceration, and any unique issues that arise as a result of incarceration. 
       (l) Any other additional factors the court deems relevant. 
II. If the court finds by clear and convincing evidence that a minor child is of sufficient maturity to make a sound judgment, the court may give substantial weight to the preference of the mature minor child as to the determination of parental rights and responsibilities. Under these circumstances, the court shall also give due consideration to other factors which may have affected the minor child's preference, including whether the minor child's preference was based on undesirable or improper influences. 
III. In determining parental rights and responsibilities under this section, including residential responsibility, the court shall not apply a preference for one parent over the other because of the sex of the child, the sex of a parent, or the financial resources of a parent. 
IV. If the court finds that a parent has been convicted of sexual abuse or sexual assault against such parent's minor child or minor stepchild, the court may prohibit contact between such parent and the victim of the abuse and any sibling or step-sibling of the victim. The court shall make orders that best protect the victim of the abuse and the siblings and step-siblings of such victim. In this paragraph, 'sexual abuse' shall mean sexual abuse as defined in RSA 169-C:3, XXVII-a, and 'sexual assault' shall mean sexual assault as provided in RSA 632-A:2, RSA 632-A:3, and RSA 632-A:4. 
V. If the court determines that it is in the best interest of the children, it shall in its decree grant reasonable visitation privileges to a party who is a stepparent of the children or to the grandparents of the children pursuant to RSA 461-A:13. Nothing in this paragraph shall be construed to prohibit or require an award of parental rights and responsibilities to a stepparent or grandparent if the court determines that such an award is in the best interest of the child. 
VI. The court may appoint a guardian ad litem to represent the interests of the child according to RSA 461-A:16. 
VII. At the request of an aggrieved party, the court shall set forth the reasons for its decision in a written order.

New Hampshire divorce statutes § 461-A:13 Grandparents' Visitation Rights.

I. Grandparents, whether adoptive or natural, may petition the court for reasonable rights of visitation with the minor child as provided in paragraph III. The provisions of this section shall not apply in cases where access by the grandparent or grandparents to the minor child has been restricted for any reason prior to or contemporaneous with the divorce, death, relinquishment or termination of parental rights, or other cause of the absence of a nuclear family. 
II. The court shall consider the following criteria in making an order relative to a grandparent's visitation rights to the minor child: 
       (a) Whether such visitation would be in the best interest of the child. 
       (b) Whether such visitation would interfere with any parent-child relationship or with a parent's authority over the child. 
       (c) The nature of the relationship between the grandparent and the minor child, including but not limited to, the frequency of contact, and whether the child has lived with the grandparent and length of time of such residence, and when there is no reasonable cause to believe that the child's physical and emotional health would be endangered by such visitation or lack of it. 
       (d) The nature of the relationship between the grandparent and the parent of the minor child, including friction between the grandparent and the parent, and the effect such friction would have on the child. 

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       (e) The circumstances which resulted in the absence of a nuclear family, whether divorce, death, relinquishment or termination of parental rights, or other cause. 
       (f) The recommendation regarding visitation made by any guardian ad litem appointed for the child pursuant to RSA 461-A:16. 
       (g) Any preference or wishes expressed by the child. 
       (h) Any such other factors as the court may find appropriate or relevant to the petition for visitation. 
III. The petition for visitation shall be entered in the court which has jurisdiction over the divorce, legal separation, or a proceeding brought under this chapter. In the case of death of a parent, stepparent adoption, or unwed parents, subject to paragraph IV, the petition shall be entered in the court having jurisdiction to hear divorce cases from the town or city where the child resides. 
IV. If the parent of the minor child is unwed, then any grandparent filing a petition under this section shall attach with the petition proof of legitimation by the parent pursuant to RSA 460:29 or establishment of paternity pursuant to RSA 168-A. 
V. Upon the motion of any original party, the court may modify or terminate any order made pursuant to this section to reflect changed circumstances of the parties involved. 
VI. Nothing contained in this section shall be construed to affect the rights of a child or natural parent or guardian under RSA 463 or adoptive parent under RSA 170-B:20.

New Hampshire divorce statutes § 461-A:14 Support by parents

I. After the filing of a petition for divorce, annulment, separation, paternity, support, or allocation of parental rights and responsibilities, including petitions filed by the department of health and human services pursuant to RSA 161-B, 161-C, and 546-B, the court shall make such further decree in relation to the support and education of the children as shall be most conducive to their benefit and may order a reasonable provision for their support and education for the period of time specified in paragraphs IV, V, and XVI. 
II. In any proceeding concerning the support of children: 
       (a) The parties shall certify in the initial pleading filed with the court whether or not public assistance is or was paid for the benefit of the children pursuant to RSA 167 and whether or not medical assistance is being provided for the benefit of the children pursuant to RSA 167. If public assistance is or was being provided or if medical assistance is being provided, the initiating party shall provide the department of health and human services, office of child support enforcement services, with copies of any and all pleadings related to medical and child support. 
       (b) If, during the pendency of the action, the children become the beneficiaries of public or medical assistance, both parties shall notify the court of the public or medical assistance status of the children and shall provide the department of health and human services with copies of all pleadings related to medical and child support. 
       (c) When notified that public or medical assistance is being provided for the benefit of the children, the court shall provide the office of child support with a copy of any hearing notice pertaining to any medical or child support proceeding. 
       (d) The department shall be granted leave to reopen any case to modify, clarify, or vacate any order that was entered against its interest when an assignment of rights pursuant to RSA 161 or RSA 167 is or was in effect and the department was not given notice of the proceeding. 
       (e) In any case to establish, modify, or enforce an order of support where the obligor is unable to meet child support obligations for any reason, except as provided in RSA 461-A:14, XIII(a) and (b), the court may order the obligor to apply for and, if qualified, participate in food stamp and Medicaid programs, federal disability programs, and all applicable department of employment security programs to enable or enhance the obligor's ability to meet his or her support obligations. When making such orders, the court shall include the requirement that the obligor report to the court his or her compliance with the order. 
III. All support orders shall provide for the assignment of the wages of the responsible parent pursuant to RSA 458-B, subject to the exceptions listed in RSA 458-B:2. 
IV. The amount of a child support obligation shall remain as stated in the order until all dependent children for whom support is ordered shall terminate their high school education or reach the age of 18 years, whichever is later, or become married, or become a member of the armed services, at which time the child support obligation, including all educational support obligations, terminates without further legal action. This amount shall remain as specified unless a legal order expressly allocates the payments on a per child basis. If the order involves a disabled child, the court shall specify the duration of the order, which may be beyond the time when the child reaches the age of 18. 
V. No child support order shall require a parent to contribute to an adult child's college expenses or other educational expenses beyond the completion of high school. 
VI. All support payments ordered or administered by the court under this chapter shall be deemed judgments when due and payable. Such judgments shall be given full faith and credit by all jurisdictions of this state. 
VII. Liens shall arise by operation of law against real and personal property for child support arrearages owed by an obligor who resides or owns property in the state and shall incorporate any unpaid child support which may accrue in the future. Full faith and credit shall be given to such liens arising in another state when the state agency, a party, or other entity authorized to enforce an order of support and seeking to perfect the lien complies with the procedural rules relating to recording or serving liens. Notwithstanding any law to the contrary, such rules may not require judicial notice prior to perfecting the lien. Notices of such liens, and any discharges or releases thereof, shall be filed in the office of the secretary of state with respect to personal property and in the registry of deeds for the county in which any real property is located. No fees shall be charged for such filings and recordings. 
VIII. No modification of a support order shall alter any arrearages due prior to the date of filing the motion for modification. 
IX. (a) Each child support order shall include

the court's determination and findings relative to health insurance and the payment of uninsured medical expenses for the children. 
       (b) If the court determines that private health insurance is accessible and available at a reasonable cost, as defined in RSA 458-C:2, VI-a, the court shall order the parent, or parents, to provide such insurance for the children. Accessible health insurance means the primary care services are located within 50 miles or one hour from the child's primary residence. 
       (c) If the court determines that private health insurance is not accessible or available at a reasonable cost, the court shall establish a cash medical support obligation, calculated in accordance with RSA 458-C:3, V, and order that either or both parents shall obtain such private health insurance if it subsequently becomes accessible and available at a reasonable cost. When ordered in lieu of private health insurance, an obligation for cash medical support shall be suspended and shall not accrue during such time as the obligated parent is providing private health insurance in accordance with this paragraph. 
       (d) In all cases where support is payable through the department, or where the department is providing medical assistance for the child under RSA 167, the court shall include the medical support obligation in any order issued on or after the effective date of this paragraph. 
       (e) A court may order either or both parents to pay a medical support obligation, either to provide health insurance coverage or as cash medical support, in excess of reasonable cost, in such other circumstances, as the court deems appropriate. 
X. If both parents have coverage which provides medical insurance benefits for the child, the insurance of the person who is obligated by court order to provide medical insurance shall be the primary coverage for the child. This paragraph shall not affect the obligation of the insurance carrier of the parent who is not obligated to provide medical insurance for the child to provide medical insurance benefits for any claim under a policy held by such parent. 
XI. All support orders issued or modified in cases that are payable through the department shall contain a provision requiring the obligor to keep the department informed of the name and address of the obligor's employer and whether the obligor has access to health insurance, and, if so, the health insurance policy information as requested by the department. 
XII. In any proceeding to enforce the payment of child support, the posting of bail shall be for the purpose of securing the appearance of the child support obligor and to guarantee the child support judgment owed by the child support obligor. If a child support obligor defaults for failure to appear or owes a child support arrearage, any bail money posted by the obligor, or any other surety, which is on deposit with the court shall be forfeited and paid to the obligee or the agency enforcing the order for child support in satisfaction of the child support judgment. 
XIII. (a) An order of support, for which there is in effect an assignment to the department of health and human services pursuant to RSA 161-C:22, shall be suspended and shall not accrue, and no public assistance debt shall be incurred, during such time as the responsible parent receives benefits pursuant to Title XVI of the Social Security Act under the supplemental security income program or public assistance pursuant to RSA 167 under any of the following programs: 
          (1) Aid to the permanently and totally disabled. 
          (2) Aid to the needy blind. 
          (3) Aid to families with dependent children. 
          (4) Old age assistance. 
       (b) The department shall not enforce any order of support against the responsible parent while that parent receives public assistance through any of the programs listed in subparagraph (a), whether or not an assignment of support rights to the department exists. 
XIV. When the court makes a temporary or final order for support through the department of health and human services, the order shall require the parties to furnish their social security numbers to the department. 
XV. The court shall have jurisdiction to make such orders or temporary orders of support to the children of divorced parents as justice shall require in cases where the decree of divorce was not granted in this jurisdiction, even though the divorce decree makes provision for support, subject to the provisions of RSA 546-B. 
XVI. The court may establish a separate fund or trust for the support, maintenance, education and general welfare of any minor or incompetent child of the parties, including an incompetent child who is 18 years of age or older. 
XVII. The court may require security to be given for the payment of child support. 
XVIII. Any motion for contempt of a court order regarding nonpayment of child support, if filed by a parent, shall be reviewed by the court within 30 days.

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