Divorce Guide

Divorce Guide

New Hampshire Divorce Rights

Any divorce case appearing in the courts of New Hampshire will not be accepted by the court if it does not fulfill the residency requirements of the state. According to New Hampshire divorce rights, any spouse filing a divorce case in New Hampshire should be a resident of the state for one year, prior filing the case. The grounds for the cause of the divorce must also have been occurred in the state. New Hampshire statute’s fourth chapter states that either of the spouses must be a resident of the state in order to justify the filing of the case in New Hampshire.

The spouse who files the divorce case in the superior court is considered to be a plaintiff and the spouse who replies to the case is termed as defendant, by New Hampshire divorce rights laws. Soon after filing the case, the court assigns a case number and all future documents of the case would have the name of the court mentioned on top of the documents.

Personal data sheet, notice of hearing, financial affidavit, decree of the divorce and the petition for the divorce are some of the documents which are required at the time of registering the case. According to New Hampshire divorce rights, a spouse not possessing the above documents will not be entertained.

Spousal support and the child custody are the cases which are considered to be the most important after divorce. New Hampshire divorce rights have specifically mentioned rights of all the citizens of the state which could be exercised by them during and after the dissolution of marriage. Any settlement of the divorce case is primarily concerned about the distribution of the property because distribution of the property between the two parties decides other terms of the divorce such as spousal support, child custody and child support.

According to New Hampshire divorce rights, the state has an equitable distribution of property. The equitable distribution does not mean an equal distribution of the resources acquired during the marriage; it however means an equitable distribution and a fair distribution of all the resources acquired during the marriage. While distributing the resources, the court may consider the health, age, social and economic status, employability, vocational skills, sources of income and occupation of the parties so as to decide on this important issue.

The court may also allow the spouse to resume the maiden name, after the dissolution of the marriage. The name restoration clause is mentioned in chapter 458 of New Hampshire divorce rights related statutes. The court before deciding on the dissolution of the marriage may also ask the two parties to participate in a counseling and mediation program if the case involves a minor child. The court makes sure that the mental and physical health of the child should not be adversely affected by the decision of the court.

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