Family Law Laws in New Hampshire

Family Law Law in New Hampshire: Overview

New Hampshire family law is governed by New Hampshire Revised Statutes Annotated (RSA) Chapter 458. The state follows equitable distribution for property division and recognizes both no-fault and fault-based grounds for divorce. The no-fault ground is irreconcilable differences. New Hampshire uses the income shares model for child support and applies the best interests of the child standard for custody. The state requires a one-year residency period before filing, though both spouses residing in New Hampshire can satisfy this requirement. New Hampshire does not impose a mandatory waiting period after filing. The state takes an all-property approach to equitable distribution, meaning the court can consider and divide all assets owned by either spouse. New Hampshire's family law system emphasizes early intervention and settlement through mandatory mediation in contested cases.

Key Statutes & Deadlines

All-Property Equitable Distribution

New Hampshire uses an all-property approach to equitable distribution under RSA § 458:16-a. The court may divide all property owned by either spouse, including property acquired before the marriage, inheritances, and gifts. The court considers factors including the length of the marriage, the age, health, social or economic status, occupation, vocational skills, and employability of each party, the amount and sources of income of each party, the needs of each party, the opportunity for future acquisition of capital assets and income, the ability of the custodial parent to engage in gainful employment, the need of the custodial parent to occupy the marital home, and any marital fault. New Hampshire is one of the few states that explicitly allows courts to consider marital fault in property division.

Parenting Plans and Joint Decision-Making

New Hampshire requires a parenting plan in all custody cases under RSA § 461-A:4. The parenting plan must address the allocation of decision-making responsibility, a residential schedule for the child, provisions for holidays and vacations, and procedures for resolving future disputes. In determining the best interests of the child, the court considers factors including the relationship between the child and each parent, the ability of each parent to provide love, affection, and guidance, the ability of each parent to provide food, clothing, and medical care, the child's developmental needs, the quality of the child's adjustment to school and community, the ability of each parent to support the child's relationship with the other parent, and any history of abuse. New Hampshire does not have a statutory presumption favoring joint custody.

Mandatory Mediation

New Hampshire requires mediation in contested divorce cases, including disputes over property, custody, and support. Under RSA § 458:15-a, the court shall refer all contested issues to mediation unless there is a history of domestic violence or the court finds that mediation would be inappropriate. The mediation process is designed to help parties reach agreements without the cost and adversarial nature of a trial. If mediation is unsuccessful, the case proceeds to trial. New Hampshire also offers a marital mediation program through the courts, which provides trained mediators to assist parties in resolving their disputes. The cost of mediation may be shared by the parties or allocated by the court.

New Hampshire Court System

Family law cases in New Hampshire are heard by the Circuit Court, Family Division, which is a specialized court that handles all family law matters. The Family Division operates in courthouses throughout the state's 10 counties. It handles divorce, custody, child support, domestic violence, guardianship, and adoption cases. New Hampshire's specialized Family Division ensures that family law cases are handled by judges with experience in domestic relations matters. Appeals from Family Division decisions go to the New Hampshire Supreme Court, as the state does not have an intermediate appellate court. The Family Division also offers mediation services, parenting education, and self-help resources.

Damages & Penalties

New Hampshire divides all property equitably, considering the full range of statutory factors including marital fault. The court has broad discretion and is not limited to dividing only marital property. Alimony may be awarded under RSA § 458:19, with the court considering the length of the marriage, the age and health of the parties, the occupation, the sources and amount of income, the vocational skills, the employability, the estate, the needs of each party, the opportunity for future acquisition of capital assets, the fault of either party, and the federal tax consequences. Alimony is generally limited in duration, with the presumption that alimony should not exceed the length of the marriage unless the court finds otherwise. Child support follows the income shares model under RSA § 458-C, considering both parents' adjusted gross incomes, the number of children, health insurance costs, and childcare expenses. Enforcement includes income withholding, contempt, license suspension, and criminal prosecution.

Recent Legislative Changes

New Hampshire has updated its child support guidelines to reflect current economic conditions and has expanded the use of alternative dispute resolution in family law cases. The state has also improved its Family Division court services and enhanced technology for remote hearings and electronic filing.

Frequently Asked Questions