NH Law About ...: Divorce: Read The Law About ...

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New Hampshire Statutes

Divorce, annulment of marriage, and legal separation in New Hampshire are all controlled by RSA 458. There are also many federal statutes, too numerous to list in this guide, which impact aspects of divorce. These statutes control subjects such as federal gift or income tax, health care, social security, armed forces, veteran’s benefits, alimony, bankruptcy, civil service, and others. The books listed under Read About The Law cover many of these federal laws.

New Hampshire Cases

Ebbert v. Ebbert, 123 N.H. 252 (1983)
It is well settled that when the legislature established irreconcilable differences as a no-fault ground for divorce, the original thirteen grounds for divorce based on fault were not repealed and thus remain as valid grounds for divorce.
Boucher v. Boucher, 131 N.H. 377 (1988)
'Although fault may not be considered in making a division of property following a no-fault divorce decree, property need not be distributed equally, though it must be distributed equitably. A court may consider a number of factors in dividing the parties' assets, including the length of the marriage, the ability of the parties to support themselves, and the need of a party to provide a home for minor children.'
Halliday v. Halliday, 134 N.H. 388 (1991)
Under RSA 458:16-a, I, a pension interest is property subject to equitable distribution notwithstanding the fact that it is not vested. A lack of present value of the pension may not, therefore, support a decision not to award a percentage thereof to the non-military spouse.
Petition of Malisos,166 N.H. 726 (2014)
A legal separation differs from a divorce in that: (1) the parties are not free to marry any third person; (2) the name of the wife cannot be changed; and (3) the parties may at any time resume marital relations after filing a written declaration of such resumption with the clerk of the superior court for the county in which the separation was decreed. While the separation has in all respects the effect of a divorce, it is not a divorce, and the parties remain legally married.
Matter of Geraghty, 169 N.H. 404 (2016)
In New Hampshire, annulment of a marriage for fraud is granted only with extreme caution. Annulment is not granted for any and every kind of fraud. Fraud by one of the parties as to character, morality, habits, wealth, or social position is generally held insufficient to annul a marriage. Consequently the standard for the annulment of a marriage is both strict and stringent. The fraudulent representations for which a marriage may be annulled must be of something essential to the marriage relation of something making impossible the performance of the duties and obligations of that relation or rendering its assumption and continuance dangerous to health or life.
Matter of Ndyaija, 173 N.H. 127 (2020)
RSA 458:4 (2018) expressly limits “[t]he jurisdiction of the court to grant divorce ... to cases where there is jurisdiction over the parties and of the alleged cause as defined in RSA 458:5 and 458:6.” Accordingly, the court's jurisdiction to grant a divorce is limited to the circumstances described in RSA 458:5 and :6.
Porter v. Porter, 112 NH 403, 1972
The issue here is the constitutionality of that part of RSA 458:5 which requires as a condition of jurisdiction that the plaintiff in a divorce action be domiciled within the State for one year if the defendant is neither domiciled here nor served with process within the State.

New Hampshire Court Rules

Circuit Court. Family Division. Domestic Relations Rules
Click on the 'Jump to Specific Number' pulldown menu and select "Domestic Relations" (Starting with Rule 2.1).

Please remember that this guide is for information purposes only and is not comprehensive.
It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use.
NH Law About ... is not a substitute for the services of an attorney.