Introduction
As same-sex marriage becomes more common in the United States, it is natural that questions arise around the legal procedures for ending such marriages. One such question is whether same-sex couples can obtain a divorce in the state of New Hampshire, which has recognized same-sex marriage for over a decade. In this article, we will explore the legal options for same-sex couples in New Hampshire seeking a divorce.
Same-sex marriage in New Hampshire
New Hampshire became the sixth state to legalize gay marriage in 2009. The state’s laws on divorce, including the division of assets and custody of children, apply equally to same-sex and opposite-sex couples. This means that same-sex couples seeking a divorce in New Hampshire have the same legal rights and obligations as heterosexual couples.
Grounds for divorce
In New Hampshire, there are both fault-based and no-fault grounds for divorce. The fault-based grounds for divorce in New Hampshire include adultery, extreme cruelty, and abandonment. No-fault grounds include irreconcilable differences and living apart for a period of time.
It is important to note that the grounds for divorce in New Hampshire do not differ for same-sex couples. In other words, same-sex couples can use the same fault-based and no-fault grounds for divorce as heterosexual couples.
Property division
In New Hampshire, property division follows the principle of equitable distribution, which means that martial property is divided fairly, but not necessarily equally. The court considers a number of factors when deciding how to distribute property, including the length of the marriage, the income and earning potential of each party, and the contributions of each spouse to the marriage.
Again, there is no difference in how property division is handled for same-sex couples. This means that same-sex couples seeking a divorce in New Hampshire can expect to have their property divided fairly based on the same factors as heterosexual couples.
Child custody and support
New Hampshire law requires that child custody be determined based on the best interests of the child. Factors that are considered include the child’s age and gender, each parent’s relationship with the child, and any special needs or concerns of the child.
Same-sex couples can expect the court to apply these same factors when determining child custody and support. This means that same-sex couples have the same chance of obtaining custody as heterosexual couples, and that both parents will be evaluated based on their individual relationships with the child.
Conclusion
In conclusion, same-sex couples in New Hampshire have the same legal rights as heterosexual couples when seeking a divorce. The state’s recognition of same-sex marriage means that same-sex couples can use the same grounds for divorce, have their property divided using the same principles of equitable distribution, and have child custody and support determined based on the best interests of the child. If you are considering a divorce in New Hampshire and have questions about your legal rights, it is recommended that you speak to an experienced family law attorney.