Going through the process of filing for divorce is tough but the first step to take is to understand all the legal requirements necessary to get a divorce. New Hampshire has its unique laws guiding the divorce process, and residency is one of the significant requirements.
Residency Requirements
To file for a divorce in New Hampshire, at least one of the couples must have established legal residency in the state. The law states that legal residency is established if the spouse filing for divorce has lived in the state for at least one year before filing.
If both parties are residents, then they can file in the New Hampshire county where either of them resides.
Exceptions to Residency Requirements
There are a few exceptions that may waive the standard residency requirement in New Hampshire’s divorce laws.
Military Members
The military members and their spouses who are stationed within the state automatically establish residency there regardless of how long they have resided there. As a result, military members may file for divorce in New Hampshire irrespective of permanent residency in the state.
Grounds of Divorce
If one spouse can prove that the other is guilty of cruel treatment, adultery, or abandonment, then they can establish residency in the state without living there for a year.
However, divorces based on cruel treatment or adultery must be filed within two years of the mistreatment or the extramarital affair’s discovery.
Why Residency Matters
Residency is one of those aspects that shows the court has jurisdiction when it comes to a divorce proceeding. Without establishing residency in New Hampshire court, a petitioner may not have the legal standing to file for divorce.
When filing for divorce from a different part of the country or even outside the United States, it is essential to follow all the legal requirements and work with an attorney from the home state to avoid unnecessary stress and setbacks.
Conclusion
Divorce is an intricate issue, and filing for a divorce requires an understanding of the legal requirements. Practically, satisfying the residency requirement in New Hampshire is the first step towards obtaining a divorce decree. Ensure that you fulfill all the necessary legal requirements to file for a divorce in New Hampshire successfully.