Overview of Divorce in New Hampshire

When filing for a divorce in New Hampshire it’s natural that you would have plenty of questions and concerns. The following information is meant to be a brief overview that you may use in order to learn more about the different rules and regulations that concern divorce in the state of New Hampshire. You may be wondering things such as: when alimony is paid, whether grandparents get visitation rights, and what if a spouse is in the military. Hopefully, if you have any of these questions the following information will set your mind at ease.

When is alimony paid?

If you are filing for a divorce in New Hampshire and think you may be entirely to alimony, then you should definitely pursue it. If you can get your spouse to agree to pay alimony, then the court will enforce it; otherwise, the court will decide whether or not you will be granted it. When deciding how much is to be paid, the court takes the following into consideration: how long the marriage lasted, age, health, occupation, sources of income, property held, job skills, employability, estate, liabilities, opportunity to gain capital in the future, fault, and the tax issues.

Do grandparents get visitation rights?

After a divorce in New Hampshire has been settled, grandparents may very well be given the right to visit the children involved in the case. Rights will usually be granted under the following circumstances: if there has been a proceeding under Chapter 458, if one of the parents has passed away, if one of the parents has lost visitation rights, or if the court rules that visitation is in the best interest of the child. You should also know that if the child is adopted all rights to visitation are terminated. Parents have no say in the matter when it comes to the visitation rights of grandparents.

What if a spouse is in the military?

As you may know, if a spouse fails to respond to the filing of a divorce within the given time period, then the divorce will be granted by default. Therefore, in order to protect member of the military from being divorced without their knowledge, certain rules were put in place known as the Soldiers and Sailors Civil Relief Act. Under this Act, divorce in New Hampshire, or other states, cannot be filed the entire time the spouse is in the military, unless he or she gives up this right willingly. The period also extends for 60 days after the divorce has been filed.

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