3. Does the state have grounds for divorce? Yes. In New Hampshire, you may file for a divorce on these grounds: your spouse is impotent your spouse has committed adultery — had an affair your spouse is extremely cruel your spouse has been convicted of a crime with a sentence of more than year and sent to prison your spouse has threatened your physical and mental health you haven’t heard from your spouse in at least two years your spouse has been a habitual drunk for at least two years your spouse has joined a religious sect and has refused to live with you for at least six months your spouse has refused to live with you for more than two years You also may file for a no-fault divorce based on the ground of irreconcilable differences, meaning your marriage can’t be fixed.
4. How does New Hampshire determine the division of property?
You and your spouse are encouraged to come up with a settlement on your own and present it to the court. If you can’t agree, the court will divide your property for you. It will include all property belonging to you and your spouse, regardless of whose name is on the title. This includes employment benefits, vested and non-vested pension or other retirement benefits, and savings plans. The court presumes that an equal division of property is fair, but it also will consider the following factors:
- How long you were married you and your spouse’s ages.
- Health and social or economic status.
- You and your spouse’s occupations, skills and employability.
- The value of your separate property, meaning anything you acquired before you were married, anything you acquired via gift or inheritance, and anything you received in exchange for anything you acquired via gift or inheritance.
- You and your spouse’s amounts and sources of income.
- You and your spouse’s needs and debts.
- You and your spouse’s opportunities to earn income or acquire assets in the future.
- The ability of a parent who has custody to work without compromising the best interest of your child.
- Whether the custodial parent should be awarded your family home or allowed to live in it and to use what’s in it for the benefit of your child.
- How you and your spouse each helped or hurt the value of your property.
- Whether there is a significant difference in what you and your spouse each contributed to your marriage, including caring for your child and your home.
- Any direct or indirect contribution by one of you to help educate or develop the career or employability of the other, and any interruption of the education or career of one of you for the benefit of the other’s career or for the benefit of your marriage or child.
- You and your spouse’s expectations of pension or retirement rights acquired before or during your marriage.
- The tax situations each of you will face.
- The value of property allocated to either of you by any prenuptial contract you and your spouse signed.
- Whether you or your spouse caused your marriage to break down, caused substantial physical or mental pain and suffering; or caused a major economic loss.
- Any other factor that the court deems relevant.
Money in an education savings account held on behalf of your child may be left alone or may be considered property of your marriage, up for division.
5. Does New Hampshire require mediation before a divorce is granted?
Mediation is not a requirement in New Hampshire, though the court may order it in your case if you and your spouse disagree on child support, visitation, alimony or your property settlement. The court cannot order mediation if: you and your spouse don’t both agree to it it would cause a hardship for one of you there are serious allegations of physical or emotional abuse involving you or your spouse there are allegations of abuse or neglect of your child there isn’t a mediator available
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