New Hampshire Uncontested Divorce Requirements

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    Residency

    • In order to receive a divorce in New Hampshire, residency must be established. Residency can be proven in one of three ways: both spouses are residents of New Hampshire; the filing spouse is a resident of New Hampshire for at least one year; or the spouse filing for divorce is a previous resident of New Hampshire and the other spouse is served with divorce papers in New Hampshire.

    Grounds for Divorce

    • New Hampshire provides for one no-fault ground for divorce and eight fault grounds. As long as there is no disagreement between spouses as to the legitimacy of the divorce grounds, the divorce can proceed as uncontested. The no-fault ground for divorce is irreconcilable differences, and the eight fault grounds include: adultery, impotence, cruelty, physical abuse, imprisonment, habitual drunkenness, desertion, separation for more than two years or membership in a religious organization that declares the marriage to be unlawful.

    Financial and Custody Agreements

    • While a couple might agree on the necessity and grounds for divorce, getting them to agree on financial and custody arrangements can be far trickier. If a divorce case goes to trial, New Hampshire law provides that marital property be divided "equitably," which will take into consideration the contributions of both spouses during their marriage, as well as each party's future earning potential. Child custody decisions are made on the basis of protecting the best interests of the child. Armed with this information, spouses, with help from their respective lawyers, often can come to an agreement and proceed with an uncontested divorce.

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