Frequently Asked Questions

I am thinking about getting divorced, where do I start?
Perhaps the most difficult part of getting divorced is the decision itself. Although lawyers can offer guidance once the decision has been made, it is up to each individual to decide for themselves if they want to end their marriage. It is a decision that should not be taken lightly, and other options should be explored before one decides that the marriage is "irretrievably broken" (the no fault standard for divorce in New Hampshire.) The decision can be painful, and outside help in the way of individual counseling as well as marriage counseling may be helpful in working through the process.

What is involved in filing for divorce?
Although the filing of a Petition for Divorce initiates the proceeding, the court does not make orders concerning parenting rights, support and other property rights until there is an initial hearing called a temporary hearing. Usually this is held at least six to eight weeks after the initial filing of the Petition.

If I decide to leave the marital residence will I be considered to have abandoned my interest in the asset?
Although abandonment is a fault ground for divorce which basically involves not having been seen or heard from for at least two years prior to the filing of the divorce, people are often under the misconception that if they move out of the house they will be considered to have abandoned it and waive their interest. Although this is not necessarily true, there are serious considerations about moving out, particularly as it relates to parenting rights relative to the children. If a parent is interested in primary residential responsibility (custody) if their children, it would not be prudent to move out of the marital home leaving them in the sole care of the other parent.

Is there alimony in New Hampshire?
Alimony is provided for by statute in New Hampshire. It is based on the financial need of one party, and the ability to pay on the part of the other party. It is meant to be rehabilitative in nature, and can be for a limited or unlimited period of time. It is subject to being modified if circumstances change.

Is my child old enough to decide which parent they want to live with?
There is no specific age where a child gets to decide who they will live with. The court will give significant weight to the child's preference if they have sufficient maturity, and it is in their best interest.

All of our major assets are in my spouse's name; does that mean I am not entitled to any of them?
All assets are considered marital assets for the purposes of being distributed in a divorce, regardless of which spouse's name they are in. This includes retirement accounts. In New Hampshire the court makes an "equitable" distribution of marital property based on what is fair, which is presumed to be 50/50. Factors that may influence the court's discretion to deviate from a 50/50 split include the length of the marriage, the earning capacity of the parties and fault grounds, to name a few.

How long does it take to get divorced?
A divorce can be accomplished as long or as short as it takes to reach an agreement. This can happen at any time in the process. Alternatively, if the parties need to rely on the court to decide the outcome of a case, it can take many months depending how much time is needed for the final hearing and the availability of court time given the court docket. Presently, the docket is overloaded.

I don't want to get divorced, but my spouse does, can I contest the divorce?
Unlike like a marriage, which takes two people, it only takes one person to get a divorce. If one party asks the court for a divorce, the other party can't stop it from happening by "contesting" it. A contested divorce means that the parties are not in agreement with the terms of the divorce.

What is the difference between an uncontested and contested divorce.
An uncontested divorce means that the parties are in agreement relative to all issues relating to property, debts, and issues relating to children. These agreements are then filed with the court, and a short "uncontested" hearing is scheduled by the court so the court can approve the agreement(s) and order the divorce. When uncontested, the divorce is effective almost immediately. A contested divorce means that the parties are not in agreement on some or all of the issues, and need the court to decide. In that case a longer hearing is scheduled based on the issues and number of witnesses, etc. The court issues an order within weeks after the hearing that is effective thirty days later, subject to the parties right of appeal.

How much will it cost to get divorced.
The cost of a divorce is based on the attorney's hourly rate times the amount of hours spent on the case. It is difficult to predict at times because the attorney has no way of knowing when the case will be resolved, and how much time will actually be spent. The more contested the issues are, the more time is required.

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It is for informational purposes only, not legal advice. You should consult a lawyer in your home state for legal advice or answers to your questions concerning your specific family. No warranty or guarantee is implied or included.