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Technically, no. Although the separation agreement can be a formal legal document, if it's drawn up correctly by experienced legal professionals, it isn't technically legally binding in its own right. A separation agreement is not a court order, and the court is not usually involved in creating it.
In New Hampshire both parties must be in favor of filing for legal separation instead of divorce. If one spouse files for a legal separation and the other for divorce, the process will be handled as a divorce.
In 2014 New Hampshire repealed its law against adultery. Prior to that change adultery was a misdemeanor, although the law was almost never enforced.
Typically, an uncontested divorce takes around 1-3 months for completion in New Hampshire; however, the duration of the proceedings depends on whether there are children involved. New Hampshire does not have a mandatory waiting period before the divorce is finalized.
The grounds for legal separation may have arisen after the marriage, and may be filed on the following grounds: (1) repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; (2) physical violence or moral pressure to compel the petitioner to
It shall be presumed that the parent intends to abandon the child who has been left by his parent without provision for his identification or who has been left by his parent in the care and custody of another without any provision for his support, or without communication from such parent for a period of 6 months.
The child has been abandon by the parent. If a parent leaves their child in the care of another party or by themselves with no communication or support for at least 6 months, this can constitute child abandonment.
A child left with a parent or a non-parent without intent to return can be considered abandonment. If the parent did not express an intent not to return after three months the court will make will charge of parental abandonment. Abandonment can be charged if a parent fails to pay child support.
Separation means that you are living apart from your spouse but are still legally married until you get a judgment of divorce. Although a separation doesn't end your marriage, it does affect the financial responsibilities between you and your spouse before the divorce is final.
Legal Separation and DivorceNew Hampshire is one of the few states that recognizes legal separation. The separation process proceeds in the same manner as divorce, resolving issues related to support, custody and property division. However, the parties still remain legally married after separation and cannot remarry.