Divorce or separation from a long-term partner can be one of the most challenging experiences in a person’s life, and the laws governing divorce can vary significantly from state to state. In New Hampshire, understanding the specific legal landscape is important for anyone going through this process.
Understanding Divorce in New Hampshire
In New Hampshire, divorce is governed by state statutes and judicial precedents. The state follows what is sometimes referred to as a “no-fault” divorce system, meaning that neither spouse needs to prove fault or wrongdoing by the other to obtain a divorce (either side can allege fault grounds if they choose, but it is not required). The grounds for a no-fault divorce are irreconcilable differences that have caused the irremediable breakdown of the marriage.
Filing for Divorce
To file for divorce in New Hampshire, at least one of the spouses must have been a resident of the state for at least one year. The process begins with one spouse filing a petition for divorce with the Family Division of the Circuit Court. The petition must include important information such as the grounds for divorce, details about children (if any), and the desired outcomes regarding property division, child custody, and support.
Division of Property
New Hampshire is an “equitable distribution” state, which means that marital property is divided fairly but not necessarily equally. Marital property includes all assets and debts acquired during the marriage, regardless of whose name is on the title. The court considers various factors when dividing property, including the length of the marriage, each spouse’s contribution to the marital estate, and the economic circumstances of each spouse.
Child Custody and Support
Child custody in New Hampshire is determined based on the best interests of the child. The court evaluates several factors, including the child’s relationship with each parent, the parents’ ability to provide a stable environment, and the child’s adjustment to home, school, and community. The state encourages shared parenting arrangements whenever possible, aiming to ensure that both parents remain actively involved in their child’s life.
Child support is calculated using the New Hampshire Child Support Guidelines, which take into account the income of both parents, the number of children, and other relevant factors. The goal is to ensure that the child’s financial needs are met adequately.
Alimony
Alimony, or spousal support, may be awarded in New Hampshire if one spouse needs financial assistance and the other spouse has the ability to pay. The court considers several factors when determining alimony, including the length of the marriage, the age and health of the spouses, the standard of living established during the marriage, and the ability of the recipient spouse to become self-sufficient.
Protecting Yourself if You Are Not Married
For individuals who are not legally married but are in long-term relationships, alimony is not allowed. New Hampshire does not recognize common-law marriage for purposes of a divorce (there is a law about common law marriages, but it applies very infrequently and only in probate case, not divorce cases). This means that cohabitating partners do not have the same legal rights as married couples.
New Hampshire courts have also never recognized a right to “palimony”, which is the equivalent of alimony for long-term, non-marital relationships. This concept was made famous in California when the long-term partner of legendary movie villain Lee Marvin was allowed to claim alimony against him, even though they were never married. Apropos of nothing, here is an image of Marvin scaring the daylights out of Jimmy Stewart in “The Man Who Shot Liberty Valance”:
Because New Hampshire, unlike California, does not provide any form of alimony for unmarried partners, there are steps in advance that unmarried partners can take to protect themselves in the event of a separation:
Cohabitation Agreements
A cohabitation agreement is a legally binding document that outlines the rights and responsibilities of each partner as to jointly held property in a non-marital relationship. This agreement can cover various aspects, including property division, and debt allocation. Having a cohabitation agreement in place can provide clarity and protection for both parties if the relationship ends.
Property Ownership and Division
Unmarried partners should keep clear records of property ownership. If you purchase property together, ensure that both names are on the title or deed. If one partner owns property independently, it’s important to have a written agreement specifying the ownership and any financial contributions made by the other partner. This documentation can be crucial in resolving disputes over property division.
Financial Arrangements
Unmarried partners should also consider their financial arrangements. Joint bank accounts, shared debts, and financial support should be documented. Clear agreements on financial contributions can prevent misunderstandings and ensure a fair division of assets and liabilities if the relationship ends.
Civil Claim
If one partner provided significant financial support or contributed to the other partner’s career or education, they might be able to seek compensation through a civil claim. This will be a very difficult case without a clear agreement about the duties of one partner to the other, preferably in writing. These cases can be complex, and it’s important to consult with an experienced family law attorney to explore your options.
Legal Support and Resources
Navigating the complexities of divorce or separation in New Hampshire can be challenging, whether you are married or not. It is crucial to seek legal advice from a knowledgeable family law attorney who can guide you through the process and help protect your rights. An attorney can assist with filing the necessary paperwork, negotiating settlements, and representing your interests in court.
Divorce in New Hampshire involves a range of legal considerations, from property division to child custody and support. Understanding the state’s laws and procedures can help you navigate this challenging process more effectively. For individuals who are not married but find themselves in situations similar to divorce, taking proactive steps such as creating cohabitation agreements and documenting financial arrangements can provide important protections.
Whether you are facing a divorce or a separation from a long-term partner, having the right legal support is essential. By working with an experienced family law attorney, you can ensure that your rights are protected and that you achieve the best possible outcome for your situation.