Divorce in NH
In New Hampshire a divorce action is commenced with the filing of a divorce petition. That petition can be based upon both “Fault” and “No Fault.”
Fault Divorce
Fault grounds include adultery, extreme cruelty, conviction for a crime resulting in incarceration for more than one year, when one spouse has injured the other spouse (physically or mentally), if one spouse has been absent for two years, habitual drunkard, certain religious reasons, and abandonment.
A divorce granted on grounds of fault allows a court to adjust any property or alimony award in favor of the non-fault party.
Filing for Divorce in New Hampshire
A party can seek divorce on both fault and no fault grounds (though a divorce may not be granted on both grounds). Whether you are the spouse filing a divorce petition, or the spouse responding to such a petition, you will need sound legal advice to make decisions that are right for you in your specific situation.
The Divorce Process
Of course, the filing of the divorce petition only starts the divorce process. During that process three major issues must be addressed: property division, alimony, and child custody issues including child support. To successfully address these issues requires legal knowledge as well as negotiation and litigation expertise.
Property Settlement
Under RSA 458:16-a New Hampshire law presumes an equal distribution of property is equitable. However, courts can, and often do, order property settlements that are not equal.
RSA 458:16-a sets forth the factors a court can consider in awarding a non-equal property settlement in a domestic relation proceeding. Those factors are numerous and complex. Proper legal counsel is necessary to tailor the facts of your situation to those statutory factors in order to present the court with a persuasive argument as to why the property settlement you propose is appropriate.
Alimony
Similarly, under RSA 458:19, a court can order one spouse to pay alimony to the other spouse if the party in need lacks sufficient income and/or property to provide for that party’s reasonable needs. Those “reasonable needs” take into account the style of living to which the parties have become accustomed during the marriage.
Again, under New Hampshire law, a court has great discretion to consider many different factors in deciding whether or not to award alimony to one spouse. These factors include: the length of the marriage, a spouse’s age, health, social or economic status, occupation, amount and sources of income, the property awarded under RSA 458:16-a, vocational skills, employability, the non-economic contribution of each of the parties to the family unit, to name a few.
Further, a court can award alimony for either a definite or indefinite period of time. Proper legal advice is essential in determining whether and how to seek an alimony award, or conversely, to successfully defend against an alimony request.