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New Hampshire

New Hampshire

New Hampshire

The followingcapsule summary of the law in this state related to divorce maybe helpful to you. These brief statements are not meant tosubstitute for legal consultation, but rather to highlight themain issues to consider.

Divorce Law

GROUNDS FOR DIVORCE

Grounds: Adultery; cruelty orviolence; drug/alcohol addiction; impotency; nonsupport;unexplained absence; conviction of crime; joining religious groupbelieving “relations” unlawful.

Residency: Both parties domiciled orplaintiff was domiciled and defendant was served in-state orplaintiff domiciled in state at least 1 year.

Waiting Period: Upon due cause,decree is immediately final; otherwise, it becomes final on thelast day of the term in which the case is heard.

No Fault: Irretrievable breakdown;separation.

Defenses: Condonation andrecrimination exist as in common law.

Code Section: 458

CHILD CUSTODY
Uniform Child Custody Act:1979
Joint Custody:Yes, 458:17
Grandparent Visitation:Yes, 458.17
Child's Wishes Considered:Yes
Code Section: 458: 17

MARITAL PROPERTY
Community Property:

ANNULMENT AND PROHIBITEDMARRIAGE

Grounds: Underage until confirmingmarriage upon reaching age; bigamy.

Time Limitation: None listed.

Legitimacy of Children: Issue ofincestuous marriage are treated as children of unwed unless whilemarried it was valid, then children are legitimate; legitimacynot affected by annulment.

Prohibited Marriages: Betweenancestor and descendant, brother and sister, uncle and niece,aunt and nephew, cousins; same sex; previous marriageundissolved.

Code Section: 457:1, et seq.;458:1,23

RESOURCES

New Hampshire Banking Department
169 Manchester St.
Concord, NH 03301-4819
Phone: (603)271-3561
A. Roland Roberge, Commnr.
New Hampshire Bar Association
112 Pleasant St.

New Hampshire Bar Association
112 Pleasant St.
Concord, NH 03301
Phone: (603)224-6942
Fax: (603)224-2910
The Bar sponsors three lawyer referral programs. Full feereferrals are provided through the Lawyer Referral andInformation Service. For those who may not be able to afford afull fee, the Reduced Fee Referral Service and Pro Bono ReferralSystem provide either reduced fee or free legal assistance,depending on the nature of the legal problem and the person'sfinancial circumstances. These programs are accessible toll-freein New Hampshire at (800)639-5290. The Bar also sponsors amonthly "Lawline" where lawyers are available on thesecond Wednesday of every month from 7 to 9 p.m. to provide legalinformation and answer legal questions over the telephone.

New Hampshire Department of Health andHuman Services
Division of Public Health
Bureau of Vital Records and Health Statistics
Health & Human Services Bldg.
6 Hazen Dr.
Concord, NH 03301-6527
Phone: (603)271-4650
Responds to public inquiries for birth, death, and marriagerecords dating from 1640, and divorce records dating from 1880.Charges a search fee of $10 which includes certified copy ifrecord is on file. For all inquiries, enclose a stamped,self-addressed envelope.

New Hampshire Insurance Department
169 Manchester Street
Concord, NH 03301-5151
Phone: (603)271-2261
Free: 800-852-3416
Robert Solitro, Actg. Commnr.

New Hampshire Office of Child Supportand Enforcement Services
Division of Welfare
Health and Welfare Building
6 Hazen Dr.
Concord, NH 03301
Phone: (603)271-4426

Office of Child Support EnforcementRegional Representative (New Hampshire)
John F. Kennedy Federal Bldg., Rm. 2000
Government Center
Boston, MA 02203
Phone: (617)565-2455

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