New Hampshire, known for being one of the states that embrace marriage equality, offers same-sex couples the right to both marry and divorce. This legal recognition is a significant milestone for couples, regardless of their sexual orientation. Therefore, same-sex couples in New Hampshire who wish to end their marriage are granted the same rights as any other married couple.
The History of Same-Sex Marriage in New Hampshire
New Hampshire’s journey towards legalizing same-sex marriage involved a lengthy legal struggle. Initially, in 1997, the New Hampshire legislature acknowledged the economic and legal rights of same-sex couples, even without granting them the right to marry.
Over time, multiple legislative processes took place until 2009, when the legislature finally passed a bill legalizing same-sex marriage. Governor John Lynch signed this bill into law, making it possible for same-sex couples to legally marry in New Hampshire.
Same-Sex Divorce
Divorce, the legal termination of a marriage, encompasses various aspects such as asset separation, child custody and support arrangements, and spousal support determinations.
Same-sex couples who are legally married in New Hampshire possess the same legal rights as opposite-sex couples when it comes to divorce. The process of obtaining a divorce for same-sex couples mirrors that of opposite-sex couples.
The Divorce Process
Several requirements must be met to initiate the divorce process in New Hampshire:
- One spouse must have resided in New Hampshire for at least a year before filing for divorce.
- The couple should have been married in New Hampshire, or one of the spouses must have lived in the state during the marriage.
- Both spouses must acknowledge "irreconcilable differences," indicating their inability to sustain the marriage.
Once these prerequisites are fulfilled, the couple can commence the divorce process. Initially, they must file a "Petition for Divorce" in the Family Division of the New Hampshire Circuit Court. After filing, a copy of the petition is served to the other spouse, who then has a specific timeframe to respond.
Issues to Consider During Divorce
Same-sex couples, like any other couples undergoing divorce, confront various issues that must be addressed:
Child Custody and Support
If the couple has children, custody and support arrangements will be determined as part of the divorce agreement. The New Hampshire court prioritizes the child’s best interests when making decisions regarding custody and visitation.
Property Division
Dividing marital assets acquired throughout the marriage is a crucial step in the divorce process. Assets may encompass real estate, retirement accounts, savings, and investment accounts, among others.
Spousal Support
The court may award spousal support to one of the spouses during divorce proceedings. This support aims to ensure that the spouse with lower income can maintain a standard of living similar to what they experienced during the marriage.
Conclusion
To summarize, same-sex couples in New Hampshire possess identical legal rights as opposite-sex couples when it comes to ending their marriage. The divorce process remains the same, regardless of sexual orientation. During this process, same-sex couples must address significant issues like child custody and support, property division, and spousal support. The New Hampshire court ensures fairness and equity for both parties involved in the divorce settlement.