The following form is a Property Settlement and Joint Custody Agreement.
The following form is a Property Settlement and Joint Custody Agreement.
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The Judge Can Determine How to Equitably Distribute Assets Even if you and your spouse hold all assets jointly, New Hampshire does not require a 50/50 split of assets after the divorce.
Desertion and Abandonment There are two elements that have to be present in order to constitute desertion: the willful desire or the intent to desert and the cutting off of the marital relationship. In New Hampshire, the abandonment has to continue for 2 years or longer.
Courts in New Hampshire presume that everything a party owns is marital property to be divided equally, regardless as to when either spouse acquired it, what the title says about ownership, or who gave it to either party.
Ing to New Hampshire's property division laws for divorce, the courts see all property as marital property and divide them equally. This includes assets that individuals acquire before the marriage, as well as any gifts that either party receives, such as an inheritance, during the marriage.
This topic usually comes up at the Law Library when people ask us if New Hampshire is a community property state, referring to the division, or distribution, of property in divorces. The answer is, no, it isn't: New Hampshire is an ?equitable division? state.
In general, the person accusing a spouse of adultery must prove that they had ?voluntary sexual intercourse? with someone outside of the marriage. Remember, they have to provide specific proof that the infidelity occurred. It can't be circumstantial evidence.
Is New Hampshire a 50/50 divorce state? New Hampshire is an "equitable distribution state?, not a ?community property state?. The judge decides what is fair, which doesn't mean a 50/50 split. The court has broad discretion to make a divorce order to fit the individual facts and particular circumstances of each case.
This topic usually comes up at the Law Library when people ask us if New Hampshire is a community property state, referring to the division, or distribution, of property in divorces. The answer is, no, it isn't: New Hampshire is an ?equitable division? state.