New Hampshire Divorce Laws

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Divorce laws interpret the legal terms and provisions regarding marital separation. These laws are based on the federal jurisdiction. They mention the requirements that are to be fulfilled throughout the process. Residency requirement is one such necessary attribute. According to the laws in New Hampshire, the residency conditions that are to be fulfilled is of one year. That is, a persona has to submit a proof of residency of one year in this state, before filing for a legal separation case.

New Hampshire Divorce Laws regarding Child Custody

Child custody is a prominent issue in divorce of parents with minor children. The parents are encouraged to solve this matter by discussion and counseling, if needed. Child custody has two types mainly, one is joint custody to both parents and other is single parent custody. If the parents fail to agree on the issue of custody, the court tries to get a satisfactory conclusion. The Court considers the following issues while solving the problem of child custody:

• Whether a parent was put in prison, and if yes, then the duration and reason for this action and any unique issues which have arisen due to this incident.
• Any proof of abuse, the effect of abuse on the child and on the relation amongst the abusing parent and the child.
• The capacity of the parents of the child to talk and co-operate with each other and finalize joint decisions pertaining to the child.
• The relation of the child with any individual who considerably affects the child.
• The support of one parent regarding the relation of the child with the other parent.
• The temperament and the parents capacity to promote a positive relation with continued and frequent telephonic, written and physical contact with the other parent, unless such a contact harms the parent or the child.
• How the child has adjusted to the school and community and the possible impact of any alteration in these.
• The capacity of each parent in the present and in the future to fulfill the developmental requirements of the child.
• The capacity of each parent to ensure that the child gets a secure ambience, medical care, shelter, clothing and sufficient food.
• The capacity of each parent to offer guidance, affection and love to the child and the resulting relation of the child with each parent.

New Hampshire Divorce Laws regarding Property Distribution

The Court takes into account the below mentioned factors during property distribution:

• The requirement of the custodial parent to take up the marital residence.
• The capacity of the custodial parent to indulge in a profitable job without affecting the interests of the minor children. Any chances of each partner to gain income or capital assets in the near future Information of each parent's:
  • Liabilities
  • Needs
  • Sources of income
  • Amount of income
  • Separate property
  • Employability
  • Vocational skills
  • Occupation
  • Economic or social status
  • Health
  • Age
• The period of marital life
• Any indirect or direct input made by one partner to assist the other partner in employment or to develop their career or in education
• Any hindrance in the personal career or educational chances of one partner for the sake of the children or the marriage or the other partner's career
• Considerable difference amongst the partners with respect to inputs for the management and care of the house, education and care of the children.
• During the marital life, the actions of both partners that has resulted in an increase or decrease of the value of property owned by these partners
• Before or during the marital life, the expectations of retirement rights or pension have been obtained
• The effects of tax on each party
• As per the valid prenuptial contract created amongst the partners in good faith, what value of property was assigned to each partner

New Hampshire Divorce Laws regarding Spousal Support

Spousal support is one of the disputable issue regarding separation. Many spouses do not agree on this issue while discussing peacefully about the split. Therefore, in most cases, the court handles the matter according to the rules and regulations mentioned in the laws. Following are the important points of concern of the court:

• The Nature of employment of the partner requesting alimony and incomes of both spouses.
• The financial situation and responsibilities of the partner paying spousal support.
• The time period required by the partner who is requesting alimony, to be independent economically.

The payment of spousal support can be done in advance, if it suits the partner. It is necessary to pay the maintenance on time as avoiding it can go against the legal jurisdiction.

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