New Hampshire Divorce Questions

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Whether a person files for divorce or is served the divorce papers, he or she would have several questions about legal divorce procedures and related issues. One needs to clarify all the doubts so that the divorce proceedings get completely within stipulated time and without adding to the divorcing partner's financial burden. The New Hampshire divorce questions and the answers to these questions mentioned here would help to solve the doubts of the divorcing partners filing for divorce in this state. Every state would have particular residency requirement and the people thinking of getting a divorce should be aware about it. Here we have answers questions related to visitation rights, child custody, the fees of divorce lawyers, grounds of divorce, division of marital property, division of separate property etc. The questions and answers provided here will help to understand the legal divorce process followed in New Hampshire.

Some examples of divorce questions for New Hampshire:

In New Hampshire, what are the basic residency requirements?


  • Both the divorcing partners must live in this state when the divorce action is being filed, or
  • The Plaintiff must live in this state and the Defendant must be personally served in this state, or
  • The Plaintiff must have resided in this state for 1 year immediately before the date of the filing of the divorce action

Q. Consider a situation in which the divorcing parents cannot reach a consensus regarding visitation and child custody. How does the court resolve these issues?

A. The court has a single intention in mind and that is the best interest of the child. In determining custodial plans, the court has a presumption that Joint Custody is in the best interests of the child, except when there are allegations of child abuse. The gender of the parent is not given any significance while resolving the issue. The desires of the child are also considered by the court.

Q. In New Hampshire, are grandparents offered visitation rights?

A. If it is in the best interests of the child then the grandparents are offered visitation rights. Before doing so, the court takes into account several factors.

Q. Consider a situation in which, the Plaintiff desires a divorce, while the Respondent does not wish for the same. What outlook should the Plaintiff have in this situation?

A. The divorce laws in this state permit every divorcing partner to claim a divorce. So, the Plaintiff has nothing to worry about and may continue as per his or her plan. However, this sort of divorce may require more duration.

Q. In what manner do the divorce lawyers levy their fees?

A. Some divorce lawyers have fixed charges for a case, while others have a charge per hour of work.

Q. What are the grounds of divorce in this state?

A. Fault grounds:

  • Imprisonment
  • Conviction of crime
  • Abandonment
  • Extreme cruelty
  • Adultery
No Fault grounds:
  • Irreconcilable differences
Q. How is marital property divided?

A. This state works on the principle of equitable distribution. The distribution of debts and property amongst the divorcing parties must be equitable and fair and not essentially equal. Only if there is a showing of clear abuse, the court's discretion may be disturbed.

Q. How is separate property divided?

A. Property that is attained prior to marriage or by means of inheritance or gift during marital life is defined as Separate Property. If neither this property nor any income derived from this property is utilized for the common benefit of the partners during marital life, then such a separate property is not considered for equitable distribution.

However, in case the separate property or any income derived from this property is used for the common benefit of the partners in marital life, it is very likely that it may be used for distribution of property. While arriving at a decision, the court considers the frequency of use of such a property.

The New Hampshire divorce questions list provided are important questions that would arise in your mind, if you are thinking about filing a divorce in this state. The answers to the question provided here would resolve your queries related to the divorce procedures and other related issues such as child custody, property distribution, visitation right etc. This state has several acceptable grounds of divorce. The people filing a divorce should know the acceptable no fault and fault grounds. If the couple filing the divorce has children from this marriage, then they have to deal with other divorce related issues such as joint custody, child custody or visitation rights.

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