Divorces can be complex and challenging, particularly when one party serves in the military. Military divorces present unique issues and considerations that don’t typically arise in civilian divorces. In New Hampshire, specific legal requirements and procedures must be navigated by military spouses who wish to dissolve their marriages. This article provides an in-depth look at the divorce process in New Hampshire, highlighting the implications of having a military spouse involved.
An Explanatory Dive into Divorce Proceedings in New Hampshire
In New Hampshire, divorce proceedings follow a "no-fault" approach, eliminating the need to provide evidence of one spouse’s actions causing the divorce. The sole requirement is that the marriage is irreparably broken with no chance of reconciliation. Typically, New Hampshire mandates that at least one spouse has been a resident of the state for a minimum of 12 months before filing for divorce.
The process initiates with the filing of a divorce petition in the county where either spouse currently resides. It is the petitioner’s responsibility to serve the other spouse with a copy of the petition alongside a summons, providing notice of the commencement of a divorce lawsuit. After being served, the respondent has a period of 30 days to respond to the petition. Failure to do so may result in the court granting the divorce by default.
The divorce proceedings involve the court addressing various aspects concerning the termination of the marriage. These may include child custody, child support, spousal support, and property division.
Implications of Military Spouses in New Hampshire Divorces
If you or your spouse serves in the military and you are considering a divorce in New Hampshire, unique issues and challenges may arise. One prominent issue that military spouses often encounter is the matter of jurisdiction.
Delve into Jurisdictional Challenges
To file for divorce in New Hampshire, it is necessary for at least one spouse to meet the residency requirement. However, if you or your spouse is in the military and living outside of New Hampshire, establishing residency within the state can present additional obstacles.
Given the transient nature of military life, it is advisable to seek the guidance of an experienced New Hampshire divorce attorney well-versed in military divorce intricacies. Their expertise can prove invaluable in helping you navigate the residency requirements.
The Division of Military Benefits
Dividing military benefits stands out as another critical concern in military divorces. Military retirement, healthcare benefits, and other related perks are considered marital property and are therefore subject to division during divorce proceedings.
Nevertheless, specific federal laws govern the division of these benefits in military divorces. The Uniformed Services Former Spouses’ Protection Act (USFSPA) outlines guidelines governing the division of military retirement pay and other benefits between divorcing spouses.
Overcoming Service of Process Challenges
Service of process requirements for military spouses may present additional hurdles. These requirements differ from those imposed on civilians.
Under the Servicemembers Civil Relief Act (SCRA), active-duty military members can request a delay or suspension of civil court proceedings – including divorce cases – if their military service interrupts their ability to participate in the legal process. Moreover, military spouses may need to serve divorce papers through the military chain of command in specific situations.
Concluding Remarks
Although divorcing in New Hampshire when one spouse serves in the military can be intricate, it is indeed possible. Military divorces often entail unique legal issues that require the assistance of a knowledgeable New Hampshire divorce attorney. Whether you are a military spouse seeking a divorce or have queries about the divorce process in New Hampshire, it is essential to consult with an attorney who can expertly guide you through the process while safeguarding your rights.