reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-B - Income Assignment › Section 458-B:7 - Opportunity to Contest Assignment.

458-B:7 Opportunity to Contest Assignment. –
I. (a) In cases in which support is payable through the department, within 45 days from the date of the notice to the obligor required by RSA 458-B:5, the department shall:
(1) Provide to the obligor an opportunity to present his case to the department;
(2) Determine if the withholding will occur based on an evaluation of the facts; and
(3) Provide notice to the obligor of whether or not the withholding will occur, and if it is to occur, include in the notice the time when the withholding will begin and the information given to the employer in the notice required under RSA 458-B:6.
(b) If the obligor contests the withholding as provided in this section, the notice to the employer required under RSA 458-B:6 shall not be sent until a decision is made under subparagraph I(a)(2).
II. In cases not subject to immediate assignment under RSA 458-B:2, I and in which support is not payable through the department, and where an obligee is seeking to establish or implement an income assignment under this chapter, if an obligor contests assignment, a judicial determination must be made prior to initiating the income assignment.
III. Assignment may not be contested on the basis that a one-month arrearage does not exist at the time of a judicial or administrative hearing if such an arrearage existed at the time when the notice to the obligor was mailed or any time thereafter.
Source.
1985, 331:2. 1993, 287:10. 1995, 310:175. 1997, 263:33, eff. Aug. 18, 1997.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-B - Income Assignment › Section 458-B:8 - Withholding at Request of Obligor.

458-B:8 Withholding at Request of Obligor. –
Upon the request of the obligor, the department may establish income withholding under this chapter. Where an obligor has requested income withholding, no accrual of arrearage is necessary prior to the commencement of income withholding.
Source.
1985, 331:2. 1995, 310:175. 1997, 263:33, eff. Aug. 18, 1997.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-B - Income Assignment › Section 458-B:9 - Judicial Income Assignment.

458-B:9 Judicial Income Assignment. –
Nothing in this chapter precludes a judge upon petition of a party or sua sponte from ordering an immediate income assignment without accrual of arrearages, when it is deemed to be in the best interest of the child, obligee, or obligor to do so. A judicial order under the terms of this chapter will satisfy all due process required by this chapter.
Source.
1985, 331:2. 1993, 287:11. 1997, 263:33, eff. Aug. 18, 1997.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-B - Income Assignment › Section 458-B:10 - Termination of Income Assignment.

458-B:10 Termination of Income Assignment. –
The department shall provide for the termination of assignment in cases payable through the department where the support obligation has terminated and arrears, if any, have been paid or the whereabouts of the child and custodial parent are unknown.
Source.
1985, 331:2. 1993, 287:12. 1995, 310:175. 1997, 263:33, eff. Aug. 18, 1997.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-B - Income Assignment › Section 458-B:11 - Rulemaking.

458-B:11 Rulemaking. –
The commissioner of the department of health and human services shall adopt rules, under RSA 541-A, as may be necessary for the purposes of this chapter.
Source.
1985, 331:2. 1995, 310:182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-C - Child Support Guidelines › Section 458-C:1 - Purpose.

458-C:1 Purpose. –
The purpose of this chapter is to establish a uniform system to be used in the determination of the amount of child support, to minimize the economic consequences to children, and to comply with applicable federal law by using specific guidelines based on the following principles:
I. Both parents shall share responsibility for economic support of the children.
II. The children in an obligor's initial family are entitled to a standard of living equal to that of the obligor's subsequent families.
III. The percentage of net income paid for child support should vary according to the number of children and according to income level.
Source.
1988, 253:1. 2005, 273:8. 2012, 248:2, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-C - Child Support Guidelines › Section 458-C:3-a - Child Support Guidelines Worksheet.

458-C:3-a Child Support Guidelines Worksheet. –
At every hearing in which child support is involved, the party seeking the order shall file a child support guideline worksheet, as published by the department of health and human services, division of child support services, duly completed by either the party or attorney. The other party shall file a child support guideline worksheet if the guideline amount is in dispute. If the court or court personnel complete or assist the parties in the completion of a child support guidelines worksheet, the worksheet shall be retained in the court file and made available for inspection at the request of the parties. In any event, the worksheet that results in the ordered child support obligation shall be kept in the file and available to the parties. The fact that the parties have agreed to an amount or may be requesting adjustments to the child support guidelines shall not suspend the requirements of this section. In cases where the other party has failed to disclose his or her income, a worksheet shall be completed using a reasonable estimate of that party's income.
Source.
2009, 172:1, eff. Sept. 11, 2009.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-C - Child Support Guidelines › Section 458-C:4 - Application of Guidelines.

458-C:4 Application of Guidelines. –
I. Subject to the provisions of RSA 458-C:5, guidelines provided under this chapter shall be applied in all child support cases, including temporary orders, and in any order modifying a support order.
II. There shall be a rebuttable presumption in any proceeding for the award of child support that the amount of the award which would result from the application of guidelines provided under this chapter is the correct amount of child support. A written finding or a specific finding by the presiding officer on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined by using the criteria set forth in RSA 458-C:5, shall be sufficient to rebut the presumption in such case.
III. [Repealed.]
IV. When arrangements for child support are delineated in an agreement between the parties, and not made according to guidelines provided under this chapter, the presiding officer shall determine whether the application of the guidelines would be inappropriate or unjust in such particular case, using the criteria set forth in RSA 458-C:5, and in certifying the agreement shall enter a written finding or a specific finding on the record that the application of the guidelines would be inappropriate or unjust and state the facts supporting such finding.
Source.
1988, 253:1. 1989, 406:4, 5. 2006, 185:8, eff. May 26, 2006.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-C - Child Support Guidelines › Section 458-C:6 - Review of Guidelines.

458-C:6 Review of Guidelines. –
Not less than once every 4 years, the department of health and human services shall review the guidelines provided under this chapter in order to determine whether application of such guidelines results in the determination of appropriate child support award amounts. Upon completion of the review, the department of health and human services shall report its findings and recommendations to the president of the senate, the speaker of the house of representatives, and the governor. The review required under this section shall meet the requirements of 42 U.S.C. section 667 and may be conducted in conjunction with a legislative review of the child support guidelines.
Source.
1989, 406:7. 1995, 310:181. 2005, 272:1, eff. Sept. 20, 2005.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-C - Child Support Guidelines › Section 458-C:7 - Modification of Order.

458-C:7 Modification of Order. –
I. (a) The obligor or obligee may apply to the court or, when the department of health and human services has issued a legal order of support pursuant to RSA 161-C, to the department, whichever issued the existing order, for modification of such order 3 years after the entry of the last order for support, without the need to show a substantial change of circumstances. This section shall not prohibit the obligor or obligee from applying at any time for a modification based on substantial change of circumstances.
(b) Not less than once every 3 years the department shall provide notice to the parties subject to a child support order payable through the department informing them of their right to request a review, and, if appropriate, the right to apply for adjustment of the child support order. The notice provision may be included as part of the initial support order or any subsequent orders.
(c) Not less than once every 3 years the department shall review all child support orders in which there is an assignment to the department pursuant to Title IV-A of the Social Security Act and, if appropriate, apply for adjustment of the child support order in accordance with the child support guidelines.
II. Any child support modification shall not be effective prior to the date that notice of the petition for modification has been given to the respondent. "Notice" means:
(a) Service as specified in civil actions; or
(b) Acceptance of a copy of the petition, as long as the petition is filed no later than 30 days following said acceptance, and as long as the petitioner provides proof of acceptance by a certified mail receipt. Nothing in this subparagraph shall be construed to affect service as required by law.
III. Whenever the court, pursuant to this chapter, modifies a support order which results in an overpayment of support, the court shall order, absent a showing of undue hardship, the obligee to directly reimburse the obligor for such overpayment of support or order an adjustment to the modified support order until reimbursement of the overpayment has been satisfied. Any reimbursement ordered shall be only for an overpayment that occurs after the date that notice of the petition for modification of support order was given to the respondent. The court shall enter an order for reimbursement as a provision of the modified order, which order for reimbursement shall take effect 30 days after issuance, unless either the obligor or obligee requests, within such 30-day period, a separate hearing to determine the amount and frequency of reimbursement.
Source.
1991, 233:1. 1995, 310:175, 181. 2004, 169:1. 2007, 274:1. 2009, 101:1, eff. June 15, 2009.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-D - Parental Rights and Responsibilities and Child Support Impact Seminars › Section 458-D:1 - Purpose.

458-D:1 Purpose. –
The purpose of this chapter is to establish a program which would provide a 4-hour mandatory session for married or unmarried parents of minor children who are involved in allocating parental rights and responsibilities and other issues which involve the children so that the adverse impact on the children of the litigation process and the family's separation will be minimized.
Source.
1993, 282:1. 2005, 273:11, eff. Oct. 1, 2005.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-D - Parental Rights and Responsibilities and Child Support Impact Seminars › Section 458-D:2 - Seminar Required; Court Referral.

458-D:2 Seminar Required;  Court Referral. –
In the event of any action the court shall, no later than the respondent's filing of an appearance, require the parties to attend a 4-hour information session. This session shall be a seminar on how to help the children deal with the issues surrounding divorce, separation, and the allocation of parental rights and responsibilities.
Source.
1993, 282:1. 2005, 273:11, eff. Oct. 1, 2005.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-D - Parental Rights and Responsibilities and Child Support Impact Seminars › Section 458-D:3 - Seminar.

458-D:3 Seminar. –
I. The seminar shall consist of the following:
(a) The seminar shall be conducted by a certified family therapist or other persons certified by the judicial branch family division, to inform the parents of the best way to address problems which the children face as the result of the divorce or separation. Presenters shall be a male and a female.
(b) Up to 1/2 hour of the session may be a segment on divorce options such as arbitration, mediation, and litigation.
II. The session shall be tailored to those issues concerning the children which may be of particular concern during the divorce or separation process including, but not limited to:
(a) Understanding the process of divorce or separation: interaction between parent and child, areas of adjustment, and areas of concern.
(b) Understanding how children react to the divorce or separation, how to spot problems, what to tell them about divorce or separation, how to keep communication open, and answering questions and concerns they may have about the process.
(c) How parents can help their children during the divorce or separation: specific strategies, ideas, tools, and resources for assistance.
(d) How parents can help children after the divorce or separation: new family structures, and how to deal with different sets of rules.
(e) Making clear that the general goal of cooperation between parents may sometimes be inappropriate, particularly in cases of domestic violence.
Source.
1993, 282:1. 2007, 301:1, eff. July 13, 2007.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-D - Parental Rights and Responsibilities and Child Support Impact Seminars › Section 458-D:4 - Seminar Schedule.

458-D:4 Seminar Schedule. –
The judicial branch family division shall encourage the presenters to schedule courses so that the seminar is available twice monthly in each county unless the county's population warrants otherwise. One parent need not attend the same seminar as the other parent. In the case of domestic violence, parents shall attend separate sessions. The seminar shall be completed within 45 days of service of the original petition upon the original respondent.
Source.
1993, 282:1. 2007, 301:2, eff. July 13, 2007.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-D - Parental Rights and Responsibilities and Child Support Impact Seminars › Section 458-D:5 - Disciplinary Action.

458-D:5 Disciplinary Action. –
Upon a party's failure to complete the seminar pursuant to this chapter, the assigned judge may take appropriate action including, but not limited to, actions for contempt.
Source.
1993, 282:1, eff. Aug. 20, 1993.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-D - Parental Rights and Responsibilities and Child Support Impact Seminars › Section 458-D:6 - Attendance.

458-D:6 Attendance. –
I. An alphabetical list of all parties eligible for the seminar shall be provided to the presenters prior to each seminar. The list may be utilized by the presenters and the court. As parties report to the seminar selected by them, they will provide the presenters with identification, and they will be recorded as present.
II. Each person completing the seminar will be given a certificate of attendance to present to the judge at the time of that person's court appearance.
Source.
1993, 282:1, eff. Aug. 20, 1993.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-D - Parental Rights and Responsibilities and Child Support Impact Seminars › Section 458-D:7 - Costs.

458-D:7 Costs. –
I. Persons attending the seminar shall pay a seminar fee to the presenter. Fees charged by the presenter shall be fair and reasonable as directed by the administrative judge of the judicial branch family division and may be paid to the court by credit card in lieu of cash payment provided that the presenter agrees to accept, in full payment of the seminar fee, the fee less credit card transaction costs incurred by the court.
II. Presenters shall accept recipients of need-based assistance programs at reduced or no cost and, upon request of the court, shall produce evidence of having done so.
III. On the commencement of any proceeding involving the determination of parental rights and responsibilities and for which a fee is required, including petitions for divorce with minor children, the court shall charge and collect an additional fee of $2 from the petitioner. These fees shall be in addition to any other fee required by law. These fees shall be deposited into the general fund.
Source.
1993, 282:1. 2004, 114:3. 2005, 273:12. 2007, 301:3. 2009, 302:11, eff. July 31, 2009.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-D - Parental Rights and Responsibilities and Child Support Impact Seminars › Section 458-D:8 - Waiver.

458-D:8 Waiver. –
In order to be exempted from attending a seminar, parties may fill out an exception affidavit in which they shall indicate that they meet one of the exceptions below. The affidavit may be obtained from the clerk of court and may be submitted at any time. Attendance at the seminar shall be waived under the following circumstances:
I. A party is incarcerated.
II. A party has previously attended the seminar.
III. The office of child support enforcement services has brought an action to enforce or modify an existing order.
IV. The court finds good cause to grant a waiver on any basis it deems appropriate, including, but not limited to, domestic violence, transportation or child care. Time extensions may be granted.
Source.
1993, 282:1, eff. Aug. 20, 1993.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-D - Parental Rights and Responsibilities and Child Support Impact Seminars › Section 458-D:9 - Rulemaking.

458-D:9 Rulemaking. –
I. The administrative judge of the judicial branch family division, subject to approval by the supreme court, may establish such rules and orders of practice as are appropriate to effectuate this chapter and administer this program including, but not limited to:
(a) Continuing indefinitely to test operation, curriculum, and format.
(b) Certifying public or nonprofit providers to lead the seminar.
(c) The form and content of security at the seminar.
(d) Any additional factors deemed necessary.
II. The administrative judge shall utilize such in-state services as the university of New Hampshire cooperative extension, Child and Family Services of New Hampshire, and other agencies or individuals necessary to effectuate the program.
Source.
1993, 282:1. 1995, 134:22; 308:88. 2007, 301:4, eff. July 13, 2007.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-D - Parental Rights and Responsibilities and Child Support Impact Seminars › Section 458-D:10 - Repealed by 2007, 301:5, eff. July 13, 2007.

458-D:10 Repealed by 2007, 301:5, eff. July 13, 2007. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-E - Military Parents' Rights Act › Section 458-E:1 - Definitions.

458-E:1 Definitions. –
As used in this chapter:
I. "Deploy" and "deployment" mean military service in compliance with military orders received by a member of the United States armed forces, including any reserve component thereof, to report for combat operations, contingency operations, peacekeeping operations, a remote tour of duty, or other active service for which the deploying parent is required to report unaccompanied by any family member. Deployment includes a period during which a military parent remains subject to deployment orders and remains deployed on account of sickness, wounds, leave, or other lawful cause.
II. (a) "Deploying parent" means a military parent who has been notified by military leadership that he or she will deploy or mobilize with the United States armed forces, including any reserve component thereof, or who is currently deployed or mobilized with the United States armed forces, including any reserve component thereof.
(b) "Nondeploying parent" means a parent who is either not a member of the United States armed forces, including any reserve component thereof, or is a military parent who is currently not a deploying parent.
III. "Military parent" means a natural parent, adoptive parent, or legal parent of a child under the age of 18 whose parental rights have not been terminated or transferred to the state or another person through a juvenile proceeding pursuant to RSA 169-B, RSA 169-C, or RSA 169-D or guardianship pursuant to RSA 463 by a court of competent jurisdiction, and who is a member of the United States armed forces, including any reserve component thereof.
IV. "Mobilization" and "mobilize" mean the call-up of national guard or reserve service members to extended active service. For purposes of this definition, "mobilization" does not include national guard or reserve annual training, inactive duty days, drill weekends, temporary duty, or state active duty.
V. "State active duty" means the call-up by a governor for the performance of any military duty in state status.
VI. "Temporary duty" means the transfer of a service member to a geographic location outside New Hampshire for a limited period of time to accomplish training or to assist in the performance of a noncombat mission.
Source.
2012, 213:1, eff. June 13, 2012.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-E - Military Parents' Rights Act › Section 458-E:2 - Final Order Modification.

458-E:2 Final Order Modification. –
I. If a deploying parent is required to be separated from a child as a result of deployment, a court shall not enter a final order modifying parental rights and responsibilities and parent-child contact in an existing order until 90 days after the deployment ends, unless such modification is agreed to by the deploying parent.
II. Absence created by deployment or mobilization or the potential for future deployment or mobilization shall not be the sole factor supporting a change in circumstances pursuant to RSA 458-C:5 and RSA 463:13.
Source.
2012, 213:1, eff. June 13, 2012.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-E - Military Parents' Rights Act › Section 458-E:4 - Emergency Motion to Modify; Permanent Modification.

458-E:4 Emergency Motion to Modify;  Permanent Modification. –
I. Upon the return of the deploying parent, either parent may file a motion to modify the temporary order on the grounds that compliance with the order will result in immediate danger of irreparable harm to the child, and may request that the court issue an ex parte order. The deploying parent may file such a motion prior to his or her return. The motion shall be accompanied by an affidavit in support of the requested order. Upon a finding of irreparable harm based on the facts set forth in the affidavit, the court may issue an ex parte order modifying parental rights and responsibilities and parent-child contact. If the court issues an ex parte order, the court shall set the matter for hearing within ten days from the issuance of the order.
II. Nothing in this chapter shall preclude the court from hearing a motion for permanent modification of parental rights and responsibilities or parent-child contact prior to or upon return of the deploying parent. Absence created by deployment or mobilization or the potential for future deployment or mobilization shall not be the sole factor supporting a change in circumstances pursuant to RSA 458-C:5 or RSA 463:13.
Source.
2012, 213:1, eff. June 13, 2012.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-E - Military Parents' Rights Act › Section 458-E:5 - Testimony and Evidence.

458-E:5 Testimony and Evidence. –
Upon motion of a deploying parent, provided reasonable advance notice is given and good cause shown, the court shall allow such parent to present testimony and evidence by electronic means with respect to parental rights and responsibilities or parent-child contact matters instituted under this section when the deployment of that parent has a material effect on his or her ability to appear in person at a regularly scheduled hearing. In this section, "electronic means" includes communication by telephone or video teleconference.
Source.
2012, 213:1, eff. June 13, 2012.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-E - Military Parents' Rights Act › Section 458-E:6 - No Existing Final Order.

458-E:6 No Existing Final Order. –
I. If there is no existing order establishing the terms of parental rights and responsibilities or parent-child contact and it appears that deployment or mobilization is imminent, upon an action filed under this chapter by either parent, the court shall expedite a hearing to establish temporary parental rights and responsibilities and parent-child contact to ensure the deploying parent has access to the child, to ensure disclosure of information, to grant other rights and duties set forth in this chapter, and to provide other appropriate relief.
II. Any initial pleading filed to establish parental rights and responsibilities for or parent-child contact with a child of a deploying parent shall be so identified at the time of filing by stating in the text of the pleading the specific facts related to deployment.
Source.
2012, 213:1, eff. June 13, 2012.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-E - Military Parents' Rights Act › Section 458-E:7 - Duty to Cooperate and Disclose Information.

458-E:7 Duty to Cooperate and Disclose Information. –
I. Because military necessity may preclude court adjudication before deployment, the parties shall cooperate with each other in an effort to reach a mutually agreeable resolution of parental rights and responsibilities, parent-child contact, and child support. Each party shall provide information to the other in an effort to facilitate agreement on these issues.
II. Within 14 days of receiving notification of deployment or mobilization in the near future from his or her military leadership, the military parent shall provide written notice to the nondeploying parent of the same. If less than 14 days' notice is received by the military parent, notice shall be given immediately upon receipt of notice to the nondeploying parent.
Source.
2012, 213:1, eff. June 13, 2012.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-E - Military Parents' Rights Act › Section 458-E:8 - Failure to Exercise Parent-Child Contact Rights.

458-E:8 Failure to Exercise Parent-Child Contact Rights. –
In determining whether a parent has failed to exercise parent-child contact, the court shall not count any time periods during which the parent did not exercise such contact due to the material effect of that parent's military duties on the contact schedule.
Source.
2012, 213:1, eff. June 13, 2012.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-E - Military Parents' Rights Act › Section 458-E:9 - Attorney Fees.

458-E:9 Attorney Fees. –
In making determinations pursuant to this chapter, the court may award attorney's fees and costs based on the court's consideration of:
I. Unreasonable failure of either party to accommodate the other party in parental rights and responsibilities or parent-child contact matters related to a deploying parent. A parent's refusal to accommodate the other parent shall not be considered unreasonable if the parent demonstrates a reasonable fear for his or her safety or the safety of his or her child.
II. Unreasonable delay caused by either party in resolving parental rights and responsibilities or parent-child contact related to a deploying parent.
III. Failure of either party to provide timely information about income and earnings information to the other party.
IV. Other factors as the court may consider appropriate and as may be required by law.
Source.
2012, 213:1, eff. June 13, 2012.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 459 - Uniform Divorce Recognition Law › Section 459:1 - Divorce Obtained in Another Jurisdiction.

459:1 Divorce Obtained in Another Jurisdiction. –
A divorce obtained in another jurisdiction shall be of no force or effect in this state, if both parties to the marriage were domiciled in this state at the time the proceeding for the divorce was commenced.
Source.
1949, 177:1, par. 1, eff. May 3, 1949.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 459 - Uniform Divorce Recognition Law › Section 459:2 - Evidence.

459:2 Evidence. –
Proof that a person obtaining a divorce from the bonds of matrimony in another jurisdiction was (a) domiciled in this state within 12 months prior to the commencement of the proceeding therefor, and resumed residence in this state within 18 months after the date of his departure therefrom, or (b) at all times after his departure from this state and until his return maintained a place of residence within this state, shall be prima facie evidence that the person was domiciled in this state when the divorce proceeding was commenced.
Source.
1949, 177:1, par. 2, eff. May 3, 1949.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 459 - Uniform Divorce Recognition Law › Section 459:3 - Interpretation.

459:3 Interpretation. –
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Source.
1949, 177:1, par. 3, eff. May 3, 1949.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:1 - Wife's Property.

460:1 Wife's Property. –
Every woman shall hold to her own use, free from the interference or control of any husband she may have, all property at any time earned, acquired or inherited by, bequeathed, given or conveyed to her, either before or after marriage, if such earning, acquisition, conveyance, gift, or bequest were not occasioned by payment or pledge of the property of the husband.
Source.
1860, 2342:1. 1865, 4080:1. GS 164:1. GL 183:1. PS 176:1. PL 288:1. RL 340:1.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:2 - Wife's Contracts, etc.

460:2 Wife's Contracts, etc. –
Every married woman shall have the same rights and remedies, and shall be subject to the same liabilities in relation to property held by her in her own right, as if she were unmarried, and may convey, make contracts, and sue and be sued, in all matters in law and equity, and upon any contract by her made, or for any wrong by her done, as if she were unmarried. No damages shall be allowed to either spouse in any action based on alienation of the affections of the other spouse.
Source.
1846, 327:4. CS 158:15. GS 164:13. 1869, 35:1. 1871, 27:2. 1876, 32:1. 1877, 22:1. GL 183:12. 1879, 57:27. PS 176:2. PL 288:2. 1939, 170:4. RL 340:2. 1949, 193:1. 1951, 78:1. RSA 460:2. 1981, 192:1, eff. Aug. 1, 1981.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:2-a - Antenuptial Agreements.

460:2-a Antenuptial Agreements. –
Two people in contemplation of marriage may enter into a written interspousal contract and the courts of this state shall give the same effect to such contracts entered in other jurisdictions as would the courts of that other jurisdiction. However, no contract otherwise enforceable under this section may contain any term which attempts to abrogate the statutory or common law rights of minor children of the contemplated marriage.
Source.
1981, 369:1, eff. Aug. 22, 1981. 2023, 4:1, eff. June 25, 2023.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:3 - Antenuptial Debts.

460:3 Antenuptial Debts. –
Marriage shall not render the husband liable for the debts contracted by his wife prior to their marriage.
Source.
1871, 27:1. GL 183:18. PS 176:13. PL 288:3. RL 340:3.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:4 - Conveyance of Real Estate.

460:4 Conveyance of Real Estate. –
A married woman of full age may convey her real estate. A married spouse, though not of full age, may join with her (his) husband or wife in release of homestead.
Source.
RS 149:10. CS 158:10. GS 164:11. GL 183:10. PS 176:3. 1899, 16:1. PL 288:4. RL 340:4. RSA 460:4. 1971, 179:1, eff. Aug. 10, 1971.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:5 - Between Husband and Wife.

460:5 Between Husband and Wife. –
Real estate may be conveyed directly by husband to wife, or wife to husband, in all cases where the same thing might lawfully be done through the intervention of a third person.
Source.
RS 149:10. CS 158:10. GS 164:11. GL 183:10. PS 176:3. 1899, 16:1. PL 288:5. RL 340:5.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:6 - Conveyance, Spouse Insane.

460:6 Conveyance, Spouse Insane. –
A married man or woman, whose wife or husband is insane, and has continued insane for one year, and who wishes to convey real estate, may apply by petition to the judge of probate for the county in which the real estate lies for a license to convey the real estate in such manner as to bar all rights which the insane wife or husband has in the real estate. A verified statement by a psychiatrist licensed as a physician in this state or by a psychologist licensed in this state shall accompany said petition and shall state that such psychiatrist or psychologist has personally examined the insane wife or husband and found such person to be incompetent to participate in such a conveyance.
Source.
CS 174:1. 1851, 1097:1. GS 164:18. GL 183:16. PS 176:6. 1915, 13:1. PL 288:6. RL 340:6. RSA 460:6. 1975, 75:1. 1998, 234:15, eff. Oct. 31, 1998.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:7 - Procedure, etc.

460:7 Procedure, etc. –
Upon the filing of the petition, a citation to the friends of the insane wife or husband and to all interested shall issue and be published. A guardian shall be appointed to represent the insane wife or husband. If, after hearing, the judge is satisfied that the interests of all concerned would be promoted by the conveyance of the whole or any part of the petitioner's real estate, he may grant the license. A conveyance made under the license shall be a complete bar to all rights of the insane wife or husband in the premises so conveyed.
Source.
CS 174:2. 1851, 1097:2. GS 164:19. GL 183:17. PS 176:7. PL 288:7. RL 340:7. RSA 460:7. 1975, 75:2, eff. June 9, 1975.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:8 - Conveyance Barring Homestead Rights.

460:8 Conveyance Barring Homestead Rights. –
A married man or woman who is justifiably living apart from his or her spouse because such spouse has been guilty of conduct which constitutes cause for divorce, and who wishes to convey real estate, may apply by petition to the judge of probate for the county in which the real estate lies for a license to convey the same in such manner as to bar all rights of homestead therein to which such guilty spouse may then or thereafter be entitled.
Source.
1947, 125:1, par. 7-a. RSA 460:8. 1971, 179:2, eff. Aug. 10, 1971.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:9 - Procedure, etc.

460:9 Procedure, etc. –
Upon the filing of the petition, a citation to the other party to the marriage shall issue and service thereof shall be made as provided in RSA 550. If, after hearing, the judge is satisfied that the necessary cause for divorce is in existence and that no injustice will result, he may grant the license. A conveyance made under the license shall be a complete bar to all rights of homestead to which such guilty party may then or thereafter be entitled in the premises so conveyed.
Source.
1947, 125:1, par. 7-b. RSA 460:9. 1971, 179:3, eff. Aug. 10, 1971.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:10 - Operation of Provision.

460:10 Operation of Provision. –
RSA 460:8 and 460:9 shall take effect May 1, 1947, but nothing herein contained shall affect the validity or invalidity of any conveyances made prior to May 1, 1947.
Source.
1947, 125:2, eff. May 1, 1947.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:11 - Conveyance of Goods.

460:11 Conveyance of Goods. –
No conveyance, lease or mortgage of household goods in use by a husband and wife in their household shall be valid unless made in writing and executed by the owner and the husband or wife of the owner. This section shall not apply to liens reserved on household goods sold conditionally.
Source.
1913, 200:1, 2. PL 288:8. RL 340:8.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:12 - Property.

460:12 Property. –
If a woman, the wife of an alien or of a man residing in another state, has resided in this state for 6 months successively separate from her husband, she may convey all real and personal estate, held by her in this state, the same as if she were sole and unmarried.
Source.
RS 149:4. CS 158:4. GS 164:5. GL 183:4. PS 176:8. PL 288:9. RL 340:9. 1947, 34:2. RSA 460:12. 1973, 186:2, eff. July 28, 1973.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:13 - Termination of Separation.

460:13 Termination of Separation. –
If the husband of such woman becomes a citizen of this state, and they cohabit together, the fact of his becoming such citizen, and such cohabitation, shall have the same effect upon any contract or business of the wife as if the marriage between them had then first been solemnized.
Source.
RS 149:5. CS 158:5. GS 164:6. GL 183:5. PS 176:9. PL 288:10. RL 340:10.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:14 - Divorce.

460:14 Divorce. –
If the husband of such woman obtains a divorce from his wife in a court or tribunal of any other state or country, or if a divorce be decreed upon application of the wife during such separate residence, she shall retain the exclusive custody and guardianship and receive the earnings of her minor children living with her.
Source.
RS 149:6. CS 158:6. GS 164:7. GL 183:6. PS 176:10. PL 288:11. RL 340:11.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:15 - Custody of Children.

460:15 Custody of Children. –
No person shall take from the custody of such wife any minor child of the marriage residing with her, or remove the child from this state against the consent of the mother.
Source.
RS 149:7. CS 158:7. GS 164:8. GL 183:7. PS 176:11. PL 288:12. RL 340:12.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:16 - Guardianship, etc.

460:16 Guardianship, etc. –
Upon her application, a guardian may be appointed for the child, and the superior court may issue an injunction restraining the father and all other persons from removing the child from this state against the consent of the mother, and may make such further orders and decrees as shall secure to her or to the guardian the custody of the child.
Source.
RS 149:8. CS 158:8. GS 164:9. GL 183:8. PS 176:12. PL 288:13. RL 340:13. RSA 460:16. 1967, 132:19, eff. July 18, 1967.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:17 - Property.

460:17 Property. –
If a man, the husband of an alien or of a woman residing in another state, has resided in this state 6 months successively, separate from his wife, he may convey all real and personal estate held by him in this state, the same as if he were sole and unmarried.
Source.
1947, 34:1, par. 13-a. RSA 460:17. 1973, 186:3, eff. July 28, 1973.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:18 - Termination of Separation.

460:18 Termination of Separation. –
If the wife of such man takes up her residence in this state, and they cohabit together, the fact of such residence and such cohabitation shall have the same effect upon any contract or business of the husband as if the marriage between them had then first been solemnized.
Source.
1947, 34:1, par. 13-b, eff. March 13, 1947.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:19 - Divorce.

460:19 Divorce. –
If the wife of such man obtains a divorce from her husband in a court or tribunal of any other state or country, or if a divorce be decreed upon application of the husband during such separate residence, he shall retain the exclusive custody and guardianship and receive the earnings of his minor children living with him.
Source.
1947, 34:1, par. 13-c, eff. March 13, 1947.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:20 - Custody of Children.

460:20 Custody of Children. –
No person shall take from the custody of such husband any minor child of the marriage residing with him, or remove the child from this state against the consent of the father.
Source.
1947, 34:1, par. 13-d, eff. March 13, 1947.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:21 - Guardianship, etc.

460:21 Guardianship, etc. –
Upon his application, a guardian may be appointed for the child, and the superior court may issue an injunction restraining the mother and all other persons from removing the child from this state against the consent of the father, and may make such further orders and decrees as shall secure to him or to the guardian the custody of the child.
Source.
1947, 34:1, par. 13-e. RSA 460:21. 1967, 132:20, eff. July 18, 1967.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:21-a - Sterilization for Contraceptive Purposes; Nonmedical Qualifications Prohibited; Exceptions.

460:21-a Sterilization for Contraceptive Purposes;  Nonmedical Qualifications Prohibited;  Exceptions. –
I. No health facility which permits sterilization operations for contraceptive purposes to be performed therein shall require the individual upon whom such a sterilization operation is to be performed to meet any special nonmedical qualifications which are not imposed on individuals seeking other types of operations in the health facility. Such prohibited nonmedical qualifications shall include, but not be limited to, age, marital status, and number of natural children. Health facility as used in this paragraph means any hospital, institution or organization which furnishes, permits or performs sterilization operations and wherein a licensed physician is present.
II. Nothing in this section shall prohibit requirements relating to the physical or mental condition of the individual or affect the right of the attending physician to counsel or advise his patient as to whether or not sterilization is appropriate. This section shall not affect existing law with respect to individuals below the age of majority.
III. Nothing in this section shall interfere with the health facility's adherence to federal regulations relative to medicaid patients.
Source.
1979, 250:1, eff. Aug. 15, 1979.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:22 - Children Defined.

460:22 Children Defined. –
The word children as used in this subdivision means children under 16 years of age and those under 18 who, by reason of physical or mental infirmity, are incapable of supporting themselves.
Source.
1907, 71:1. PL 288:14. RL 340:14.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:23, 460:24 - Repealed by 1977, 588:13, eff. Sept. 16, 1977.

460:23, 460:24 Repealed by 1977, 588:13, eff. Sept. 16, 1977. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 460 - Husband and Wife › Section 460:29 - Petition to Legitimate Child.

460:29 Petition to Legitimate Child. –
I. The putative father of any child born out of wedlock may apply by a verified written petition filed in a special proceeding in the superior court of the county in which he resides, praying that such child be declared legitimate. The mother, if living and available, shall be a necessary party to the proceeding, and the full names of the father, mother and the child shall be set out in the petition. If it appears to the court that the petitioner is the father of the child, the court may thereupon declare and pronounce the child legitimated, and the full names of the father, mother and the child shall be set out in the court order decreeing legitimation of the child.
II. The effect of legitimation shall be to impose upon the father all the obligations which fathers owe to their lawful issue and to entitle such child by succession, inheritance or distribution to real and personal property by, through, and from his father and mother as if such child had been born in lawful wedlock. In cases of death and intestacy, the real and personal estate of such child shall be transmitted and distributed according to RSA 561 as if he had been born in lawful wedlock.
Source.
1977, 205:1, eff. Aug. 14, 1977.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-A - Parental Rights and Responsibilities › Section 461-A:1 - Definitions.

461-A:1 Definitions. –
In this chapter:
I. "Contracted supervisor" means a mediator meeting the requirements RSA 328-C:2 and RSA 328-C:5, VI who has contracted with the court to participate in court-referred mediation under this chapter.
II. "Decision-making responsibility" means the responsibility to make decisions for the child. It may refer to decisions on all issues or on specified issues.
III. "Mediation" means a process in which a neutral third party facilitates settlement discussions between parties.
IV. "Mediator" means a family mediator, certified pursuant to RSA 328-C, who has contracted with the court to participate in court-referred mediation under this chapter.
V. "Parental rights and responsibilities" means all rights and responsibilities parents have concerning their child.
VI. "Parenting plan" means a written plan describing each parent's rights and responsibilities.
VII. "Parenting schedule" means the schedule of when the child is in the care of each parent.
VIII. "Qualified intern" means a person meeting the requirements of RSA 328-C:2 who participates in mediation under the direct supervision of a contracted supervisor.
IX. "Residential responsibility" means a parent's responsibility to provide a home for the child.
Source.
2005, 273:1. 2009, 21:4, eff. Jan. 1, 2010. 2022, 220:11, eff. Aug. 16, 2022.