Users' questions

How does adultery affect divorce in New Hampshire?

How does adultery affect divorce in New Hampshire?

Adultery, until recently, was a crime in New Hampshire although not prosecuted for many years. It is a fault grounds for divorce. New Hampshire does not bar a party from receiving alimony, or spousal maintenance, if adultery is proved, nor may it necessarily award the innocent spouse a greater share of the assets.

Does it matter who is at fault in divorce?

California is a “no fault” divorce state, which means that the spouse or domestic partner that is asking for the divorce does not have to prove that the other spouse or domestic partner did something wrong. And keep in mind that, normally, it does not matter who is the first to file the divorce or separation case.

Is there an adultery law in New Hampshire?

In 2014 New Hampshire repealed its law against adultery. Prior to that change adultery was a misdemeanor, although the law was almost never enforced. Some states still have criminal laws against adultery.

Is adultery grounds for divorce in NH?

Adultery is what is called a “fault ground” for divorce in New Hampshire. The person who had the affair with the husband or wife is also part of a divorce proceeding and is called a co-respondent in legal terms.

Is NH A 50/50 divorce state?

New Hampshire is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case. Factors such as one spouse’s economic misconduct may also be considered.

How is alimony calculated in NH?

Under the new system, the amount of alimony is set at up to 30% of the difference between the ex-spouse’s incomes, though there are a number of factors that affect the calculation. The payments can last for up to half of the length of the marriage, or until the payor reaches retirement age.

Who pays for a divorce adultery?

In most cases, the costs will be split between the divorcing couple as follows: where adultery is the fact proven, the respondent will pay for 100% of the costs of the divorce (including the court fee). For unreasonable behaviour, the couple will split the costs 50/50.

How long does a divorce take in NH?

How long does it take to get a divorce in New Hampshire? The key factor is how long it takes to resolve the many issues in a divorce. Once this happens, the court grants the divorce in 2-8 weeks. Divorce using mediation or Collaborative Practice often takes 2-4 months from starting the process.

Does adultery affect a divorce settlement?

Adultery does not really affect the distribution of assets or the custody of children in a divorce case. Adultery does have an impact, however, in the settlement negotiations during a divorce. Adultery is also a main influence in the emotional state of each spouse, when they come to the divorce settlement negotiations.

What are the grounds for divorce in New Hampshire?

Grounds for divorce. New Hampshire is technically a “no-fault” divorce state. This means that neither party has to prove that the other is more at fault in causing the breakdown of the marriage. We say that: “irreconcilable differences have caused the irremediable breakdown of the marriage.”.

What happens to your health insurance after divorce in New Hampshire?

In New Hampshire, a former spouse can enjoy continued coverage on a subscriber employee’s group health insurance for up to three years after a final decree of divorce. This applies to both medical and dental coverage.

Are there any states that allow no fault divorce?

Many states also have residency requirements, waiting periods, and/or mandatory legal separation prior to divorce. Every state now allows “no fault” divorce, in which neither party is held to be responsible for the divorce, often with the stated grounds of “irreconcilable differences.”

Can you file for divorce online in New Hampshire?

Also, as long as you meet specific requirements, legal separation and annulments are permitted in some cases. Although you can’t file for a divorce online, if you and your spouse agreement, you can make initial divorce paperwork to the appropriate courthouse to start your case.