Need Help Filing for Divorce or Custody in New Hampshire?
Divorce is very hard on the entire family, not just the two people going through it. But a good New Hampshire divorce attorney can help make the transition easier and fight to get clients a settlement they deserve. At DiBella Law Offices, P.C., we have handled many tough family law issues for clients throughout Rockingham County. Call us today for a free consultation about your situation at (978) 327-5140.
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Residency Requirements
Before filing for divorce, it’s important to know that New Hampshire has very strict rules pertaining to the residency of both spouses and the children, if there are any.
In the majority of cases, the spouse who files for divorce must do so in the county in which he or she lives. And while Rockingham is one county, it is categorized into different divisions, depending on where exactly the filing spouse lives. Those who live in Kingston, for instance, will file with the Brentwood family courts in Rockingham County, while those that live in Derry will file with the Derry family courts in Rockingham County.
Both parties must have lived in New Hampshire at one point, and at least for one continuous year before a divorce complaint can be filed.
Reasons for Divorce
In addition to residency requirements, the filing spouse must also provide a reason for wanting a divorce. In Rockingham County, most divorces are filed under irreconcilable differences, meaning that no one party is responsible or at fault for the divorce. When “irreconcilable differences” is given as the reason for divorce, accusing statements or evidence of misconduct will be considered inappropriate and will not be allowed.
At-fault divorces in New Hampshire, on the other hand, are permissible on the grounds of:
- Impotency
- Adultery
- Extreme cruelty
- Conviction of a crime punishable by more than one year’s incarceration
- When one spouse has been absent for two years, and not been heard from
- When one spouse is a habitual drunkard, and has been for two years
- When either spouse has seriously injured or endangered the health of the other
- When one spouse has joined a religion or group that believes the marriage was never lawful and as such, that spouse has not lived with the other spouse for six consecutive months
- When one spouse refuses to cohabit with the other for two consecutive years
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Children in Divorce
If there are children involved in the marriage, under New Hampshire law, both parents will be required to attend a four-hour information session. The purpose of this session is to guide parents on how to help their children through a divorce, and also includes information pertaining to divorce, separation, and the allocation of the rights and responsibilities of both parents.
If you’re thinking about filing for divorce, call us today at (978) 327-5140. Our experienced Rockingham County lawyers are available at our office in Methuen, right on the border with New Hampshire. We can help you through this difficult time and explain the entire process, step by step, in a free consultation.
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