There are numerous statutes that set forth the laws for divorce, parenting and support in New Hampshire. Below are links to some of the most commonly referenced statutes. These statutes may have changed since the time of posting so always consult an attorney for information on how these laws may apply in your case.
- Property settlement: This statute sets forth the definition of property that will be divided in a divorce and explains the presumption of an “equitable” division. It also sets forth reasons that the court can overcome the presumption of equitable division and instead order an unequal division. RSA 458:16.
- Child support: This statute defines what types of income are included in the definition of “gross income” for child support calculation. RSA 458-C:2 I (a) and IV.
- Deviation from the guidelines: This statute sets forth the legal reasons to deviate from child support guidelines. RSA 458-C:5.
- Alimony: This statute sets forth the legal standard for determining alimony. RSA 458:19.
- Parenting rights and responsibilities: New Hampshire no longer uses the term “custody” but instead refers to parenting time and parental rights and responsibilities. This statute lays out the factors that the court should consider in deciding parenting rights. RSA 461-A:6.
Links To Court Forms And Information
The Circuit Courts in New Hampshire are the courts that have jurisdiction over most family law matters. The court has created a user-friendly website to provide access to forms and information on the courts and the process. Below are links to some of the more common forms and requested information in divorce and parenting cases and the link to the family division home page. http://www.courts.state.nh.us/fdpp/index.htm
- Final Decree: This is the form that sets out the details of how assets and debts will be addressed in a Divorce or Legal separation.
- Parenting Plan: This form sets forth the parenting rights and responsibilities in parenting and divorce cases.
- Information on the Child Impact Program: In most divorce and parenting cases, the parties will be required to complete this program in order to obtain a divorce or to have the court issue parenting orders.
- Financial Affidavit: This form is required in many different family law matters. It sets forth the income, assets, debts and monthly expenses of the parties.
- Information on Rule 1.25A: This Court rule requires the parties to exchange certain financial documents in family law matters. Speak to an attorney for advice on how this law applies in your case.
Collaborative Law links
CLANH and IACP both have a wealth of information on Collaborative Law in New Hampshire and elsewhere. For more information on Collaborative Law, visit the websites below:
- Collaborative Law Alliance of New Hampshire (CLANH): This website provides information on the process and a list of collaboratively-trained professionals throughout the State.
- International Academy of Collaborative Professionals: This national organization has information on collaborative divorce and the process. The Frequently Asked Questions section does a great job of addressing some of the most pressing concerns.