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New Hampshire Divorce Laws

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New Hampshire Family Law Code.

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Selected New Hampshire Family Code Statutes

  • Jurisdiction to Grant Divorce -- Section 458:5 -- Over Parties. Jurisdiction of the parties exists in the following cases only:
      I. Where both parties were domiciled in the state when the action was commenced.
      II. Where the plaintiff was so domiciled and the defendant was personally served with process within the state.
      III. Where the plaintiff was domiciled in the state for one year next preceding the time when the action was commenced.
    Where the domiciled plaintiff has filed a petition, the non-domiciled defendant may have affirmative relief upon filing a cross petition.

  • Section 458:6 Over Cause of Action. Jurisdiction of the cause for divorce exists when it wholly arose or accrued while the plaintiff was domiciled in the state, and not otherwise.

  • Section 458:7 Absolute Divorce, Generally. A divorce from the bonds of matrimony shall be decreed in favor of the innocent party for any of the following causes:
      I. Impotency of either party.
      II. Adultery of either party.
      III. Extreme cruelty of either party to the other.
      IV. Conviction of either party, in any state or federal district, of a crime punishable with imprisonment for more than one year and actual imprisonment under such conviction.
      V. When either party has so treated the other as seriously to injure health or endanger reason.
      VI. When either party has been absent 2 years together, and has not been heard of.
      VII. When either party is an habitual drunkard, and has been such for 2 years together.
      VIII. When either party has joined any religious sect or society which professes to believe the relation of husband and wife unlawful, and has refused to cohabit with the other for 6 months together.
      IX. When either party, without sufficient cause, and without the consent of the other, has abandoned and refused, for 2 years together, to cohabit with the other.

    Last Updated: 10-10-08

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