reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 457 - Marriages › Section 457:36 - Effect of Informality.

457:36 Effect of Informality. –
No marriage solemnized before a person professing to be a justice of the peace or minister of the gospel shall be void, nor shall its validity be affected on account of want of jurisdiction or authority in such supposed justice or minister, or on account of any omission or informality in the certificate of intention of marriage, if the marriage is in other respects lawful and has been consummated with the belief on the part of either of the parties thereto that they were lawfully married.
Source.
RS 147:15. CS 156:12. GS 161:13. GL 180:13. PS 174:12. PL 286:33. RL 338:36.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 457 - Marriages › Section 457:38 - Certified Copy of Record.

457:38 Certified Copy of Record. –
A copy of the record of a marriage, certified by a city or town clerk or by the registrar of vital records, shall be received in all courts and places as evidence of the fact of the marriage.
Source.
RS 147:14. CS 156:11. GS 161:12. GL 180:12. PS 174:14. PL 286:35. RL 338:38. RSA 457:38. 1981, 160:5. 2003, 319:72, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 457 - Marriages › Section 457:39 - Cohabitation, etc.

457:39 Cohabitation, etc. –
Persons cohabiting and acknowledging each other as husband and wife, and generally reputed to be such, for the period of 3 years, and until the decease of one of them, shall thereafter be deemed to have been legally married.
Source.
RS 149:11. CS 158:19. GS 161:16. GL 180:16. PS 174:15. PL 286:36. RL 338:39.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 457 - Marriages › Section 457:40 - In Civil Actions.

457:40 In Civil Actions. –
In all civil actions, except actions for criminal conversation, evidence of acknowledgment, cohabitation, and reputation is competent proof of marriage.
Source.
GS 161:17. GL 180:17. PS 174:16. PL 286:37. RL 338:40.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 457 - Marriages › Section 457:41 - In Criminal Cases.

457:41 In Criminal Cases. –
In actions for criminal conversation, and in indictments for bigamy and the like, there must be proof of a marriage in fact.
Source.
GS 161:18. GL 180:18. PS 174:17. PL 286:38. RL 338:41. 2014, 44:3, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 457 - Marriages › Section 457:42 - Marriage of Parents.

457:42 Marriage of Parents. –
Where the parents of children born before marriage afterwards intermarry, and recognize such children as their own, such children shall be legitimate and shall inherit equally with their other children under the statute of distribution.
Source.
1860, 2343:1. GS 161:15. GL 180:15. PS 174:18. PL 286:39. RL 338:42.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 457 - Marriages › Section 457:43 - Residents.

457:43 Residents. –
If any person residing and intending to continue to reside in this state is prohibited from contracting marriage under the laws of this state and goes into another jurisdiction and there contracts a marriage prohibited and declared void by the laws of this state, such marriage shall be null and void for all purposes in this state, with the same effect as though such prohibited marriage had been entered into in this state.
Source.
1979, 45:1, eff. June 10, 1979.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 457 - Marriages › Section 457:44 - Nonresidents; Recognition of Same-Sex Marriage.

457:44 Nonresidents;  Recognition of Same-Sex Marriage. –
Any marriage of a same-sex couple contracted in this state on or after January 1, 2010 by a party residing or intending to reside in another jurisdiction is valid and legitimate as of the date of its solemnization.
Source.
1979, 45:1. 2014, 160:2, eff. July 10, 2014.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 457 - Marriages › Section 457:45 - Civil Union Recognition.

457:45 Civil Union Recognition. –
A civil union legally contracted outside of New Hampshire, or any legal union other than a marriage that provides substantially the same rights, benefits and responsibilities as a marriage that is legally contracted outside of New Hampshire, shall be recognized as a marriage in this state, and any person in such legal union contracted outside of New Hampshire may also marry the same party in New Hampshire without the dissolution of such legal union, provided that the relationship does not violate the prohibitions of this chapter.
Source.
2009, 59:5. 2014, 160:3, eff. July 10, 2014.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 457 - Marriages › Section 457:46 - Obtaining Legal Status of Marriage.

457:46 Obtaining Legal Status of Marriage. –
I. Notwithstanding the provisions of RSA 457-A, no new civil unions shall be established on or after January 1, 2010. Two consenting persons who are parties to a valid civil union entered into prior to January 1, 2010 pursuant to this chapter may apply and receive a marriage license and have such marriage solemnized pursuant to RSA 457, provided that the parties are otherwise eligible to marry under RSA 457 and the parties to the marriage are the same as the parties to the civil union. Such parties may also apply by January 1, 2011 to the clerk of the town or city in which their civil union is recorded to have their civil union legally designated and recorded as a marriage, without any additional requirements of payment of marriage licensing fees or solemnization contained in RSA 457, provided that such parties' civil union was not previously dissolved or annulled. Upon application, the parties shall be issued a marriage certificate, and such marriage certificate shall be recorded with the division of vital records administration. Any civil union shall be dissolved by operation of law by any marriage of the same parties to each other, as of the date of the marriage stated in the certificate.
II. Two persons who are parties to a civil union established pursuant to RSA 457-A that has not been dissolved or annulled by the parties or merged into a marriage in accordance with paragraph I by January 1, 2011 shall be deemed to be married under this chapter on January 1, 2011 and such civil union shall be merged into such marriage by operation of law on January 1, 2011.
Source.
2009, 59:5, eff. Jan. 1, 2010; 61:3, eff. Jan. 1, 2010 at 12:02 a.m.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:1 - Without Decree.

458:1 Without Decree. –
All marriages prohibited by law on account of the consanguinity or affinity of the parties, or where either has a former wife or husband living, knowing such wife or husband to be alive and knowing that their marriage had not been legally dissolved, if solemnized in this state, shall be absolutely void without any legal process.
Source.
RS 148:1. CS 157:1. GS 163:1. GL 182:1. PS 175:1. PL 287:1. RL 339:1. RSA 458:1. 1981, 160:6, eff. Aug. 1, 1981.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:2 - Petitions.

458:2 Petitions. –
If any doubt exists whether any marriage is void, or as to the effect of any former decree of divorce or nullity between the parties, a petition may be filed as in other cases, and a decree of divorce or nullity may be made.
Source.
RS 148:2. CS 157:2. GS 163:2. GL 182:2. PS 175:2. PL 287:2. RL 339:2. 2004, 114:2, 3, eff. May 17, 2004.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:3 - Jurisdiction.

458:3 Jurisdiction. –
In any proceedings for annulment for any cause whether under statute or under common law, the court shall have jurisdiction to declare an annulment of a marriage entered into in this state even though neither party has been at any time a resident herein.
Source.
1945, 12:1, eff. Feb. 13, 1945.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:4 - Limitation.

458:4 Limitation. –
The jurisdiction of the court to grant divorce is limited to cases where there is jurisdiction over the parties and of the alleged cause as defined in RSA 458:5 and 458:6.
Source.
1883, 14:1. PS 175:3. PL 287:3. RL 339:3.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:5 - Over Parties.

458:5 Over Parties. –
Jurisdiction of the parties exists in the following cases only:
I. Where both parties were domiciled in the state when the action was commenced.
II. Where the plaintiff was so domiciled and the defendant was personally served with process within the state.
III. Where the plaintiff was domiciled in the state for one year next preceding the time when the action was commenced.
Where the domiciled plaintiff has filed a petition, the non-domiciled defendant may have affirmative relief upon filing a cross petition.
Source.
1883, 14:1. PS 175:3. PL 287:4. RL 339:4. 2004, 114:2, eff. May 17, 2004.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:6 - Over Cause of Action.

458:6 Over Cause of Action. –
Jurisdiction of the cause for divorce exists when it wholly arose or accrued while the plaintiff was domiciled in the state, and not otherwise.
Source.
1883, 14:1. PS 175:3. PL 287:5. RL 339:5.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:7 - Absolute Divorce, Generally.

458:7 Absolute Divorce, Generally. –
A divorce from the bonds of matrimony shall be decreed in favor of the innocent party for any of the following causes:
I. Impotency of either party.
II. Adultery of either party.
III. Extreme cruelty of either party to the other.
IV. Conviction of either party, in any state or federal district, of a crime punishable with imprisonment for more than one year and actual imprisonment under such conviction.
V. When either party has so treated the other as seriously to injure health or endanger reason.
VI. When either party has been absent 2 years together, and has not been heard of.
VII. When either party habitually abuses alcohol or drugs and has been doing so for 2 or more years together.
VIII. When either party has joined any religious sect or society which professes to believe the relation of husband and wife unlawful, and has refused to cohabit with the other for 6 months together.
IX. When either party, without sufficient cause, and without the consent of the other, has abandoned and refused, for 2 years together, to cohabit with the other.
X-XIII. [Repealed.]
Source.
RS 148:3. CS 157:3. GS 163:3. GL 182:3. PS 175:5. PL 287:6. 1938, 4:1. RL 339:6. RSA 458:7. 1957, 67:1. 1999, 198:1, eff. Jan. 1, 2000. 2022, 114:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:7-a - Absolute Divorce, Irreconcilable Differences.

458:7-a Absolute Divorce, Irreconcilable Differences. –
A divorce from the bonds of matrimony shall be decreed, irrespective of the fault of either party, on the ground of irreconcilable differences which have caused the irremediable breakdown of the marriage. In any pleading or hearing of a petition for divorce under this section, allegations or evidence of specific acts of misconduct shall be improper and inadmissible, except where parental rights and responsibilities are an issue and such evidence is relevant to establish that a particular allocation of parental rights and responsibilities would be detrimental to the child or at a hearing where it is determined by the court to be necessary to establish the existence of irreconcilable differences. If, upon hearing of an action for divorce under this section, both parties are found to have committed an act or acts which justify a finding of irreconcilable differences, a divorce shall be decreed and the acts of one party shall not negate the acts of the other nor bar the divorce decree. The court's findings and decree may be based on oral testimony or written stipulations of the parties.
Source.
1971, 445:1. 1998, 53:1. 2004, 114:2. 2005, 273:2, eff. Oct. 1, 2005.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:7-b - Reconciliation.

458:7-b Reconciliation. –
Whenever, before or during a hearing but before a final decree, the court shall determine that there is a likelihood for rehabilitation of the marriage relationship, the court shall refer the parties to an appropriate counseling agency within its jurisdiction, which referral may be made according to RSA 167-B or as the parties request, with the approval of the court. If the court determines that there is a reasonable possibility of reconciliation, the court shall continue the proceedings and require that both parties submit to marriage counseling. If the parties are insured, the court shall give due consideration to selecting a counselor who accepts direct payment from the parties' health insurance carrier.
Source.
1971, 445:1. 2011, 106:1, eff. July 30, 2011.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:8 - Repealed by 1971, 445:7, I, eff. Aug. 29, 1971.

458:8 Repealed by 1971, 445:7, I, eff. Aug. 29, 1971. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:10 - Repealed by 1987, 278:5, I, eff. Jan. 1, 1988.

458:10 Repealed by 1987, 278:5, I, eff. Jan. 1, 1988. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:11 - Service on Correspondent.

458:11 Service on Correspondent. –
Any person not a party to the proceedings who is accused of adultery with the petitionee in a petition or cross petition for divorce or petition or cross petition for legal separation shall be duly served seasonably with an attested copy of such petition with the usual order of notice. Such service shall not be required when it appears that the third party resides outside the state or when the third party has been convicted of adultery with the petitionee as charged in the petition. Such third party, regardless of residence, shall have the right to appear and be heard in the proceedings.
Source.
1949, 145:1. 1951, 128:1. RSA 458:11. 1996, 32:1. 2004, 114:2, eff. May 17, 2004.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:12 - Insanity of Petitionee.

458:12 Insanity of Petitionee. –
If the petitionee is insane and has no legal guardian other than the spouse, the court may appoint a guardian to appear for and answer for the petitionee. Although the insanity of the petitionee may be considered by the court in determining whether a divorce should be granted, such insanity shall not constitute a defense to a petition for divorce. Where a decree of divorce has been entered and where it has been proven by competent medical testimony at the divorce hearing that the petitionee was incurably insane at the time the petition for divorce was filed, the decree shall in no way relieve a spouse from any obligation imposed by law as a result of marriage to support the incurably insane spouse.
Source.
RS 148:8. CS 157:8. GS 163:7. GL 182:7. PS 175:10. PL 287:10. RL 339:10. RSA 458:12. 1971, 445:2. 1996, 32:2. 2004, 114:2, eff. May 17, 2004.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:13 - Evidence of Marriage.

458:13 Evidence of Marriage. –
Upon a hearing for divorce, the admission of the marriage by the party against whom the process is instituted, general repute, the fact of cohabitation, or any other circumstantial or presumptive evidence from which the marriage may be inferred, shall be competent evidence for the consideration of the court.
Source.
RS 148:9. CS 157:9. GS 163:8. GL 182:8. PS 175:11. PL 287:11. RL 339:11.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:14 - Revision of Orders, Etc.

458:14 Revision of Orders, Etc. –
The court, upon proper application and notice to the adverse party, may revise and modify any order made by it, may make such new orders as may be necessary, and may award costs as justice may require, except as otherwise provided in RSA 458:19-aa.
Source.
RS 148:16. CS 157:16. GS 163:15. GL 182:15. PS 175:18. PL 287:12. RL 339:12. 2001, 246:1, eff. Jan. 1, 2002. 2018, 310:5, eff. Jan. 1, 2019.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:15 - Clerks' Returns.

458:15 Clerks' Returns. –
The clerks of the superior court shall, in their respective counties at which divorces are granted, make monthly returns to the registrar of vital records.
Source.
1881, 12:1. 1885, 2:1. PS 175:19. PL 287:13. RL 339:13. RSA 458:15. 1977, 279:1; 536:3. 1978, 40:2. 2003, 319:73, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:15-a - Repealed by 2005, 273:20, I, eff. Oct. 1, 2005.

458:15-a Repealed by 2005, 273:20, I, eff. Oct. 1, 2005. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:15-b - Financial Affidavits.

458:15-b Financial Affidavits. –
I. Prior to a hearing regarding child support, property settlement, or alimony, both parties shall submit financial affidavits. The financial affidavits shall be accepted as prima facie evidence of the facts reflected therein unless challenged by a party. Any party aggrieved by a false statement in a financial affidavit filed pursuant to this chapter may file a civil action for money damages. In any such civil action, a party proving that the other party made a knowing false statement on a financial affidavit shall be entitled to receive treble damages and attorney's fees.
I-a. Except as provided in paragraph III, all financial affidavits filed under this chapter shall be confidential and accessible only to the parties, their attorneys, the guardian ad litem, department of health and human services employees responsible for child support administration, persons specified in RSA 161-B:7, III, and state and federal officials for the purpose of carrying out their official functions.
II. Any person who knowingly discloses a financial affidavit to any person not authorized to obtain the financial affidavit under this section shall be guilty of a misdemeanor. This paragraph shall not apply to documents released by a court pursuant to paragraph III.
III. Notwithstanding paragraph I, the court may grant access to a financial affidavit filed under this chapter to a person upon a showing by clear and convincing evidence that the public interest served by release of the information outweighs the private interest served by maintaining the privacy of the financial affidavit. For the purposes of this paragraph, the right of the public to access court records shall not, absent further cause, constitute sufficient evidence to overcome the presumption of privacy contained in paragraph I.
Source.
2004, 202:1. 2005, 216:1. 2015, 235:3, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:16-b - Restraining Orders Regarding Property.

458:16-b Restraining Orders Regarding Property. –
I. Upon the filing of an action under this chapter, the court shall issue an order restraining each party from selling, transferring, encumbering, hypothecating, concealing, or in any manner whatsoever disposing of any property, real or personal, belonging to either or both parties except:
(a) By written agreement of both parties;
(b) For reasonable and necessary expenses of living;
(c) In the ordinary and usual course of business;
(d) In the ordinary and usual course of investing; or
(e) By order of the court.
II. After the order is served, either party may file a written request with the clerk of the superior court for a hearing thereon. Such a hearing shall be held no later than 5 days after the request is received by the clerk for the county in which the petition for divorce, annulment or decree of nullity is filed.
Source.
1987, 278:1. 2004, 114:2, eff. May 17, 2004.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:17 - Repealed by 2005, 273:20, II, eff. Oct. 1, 2005.

458:17 Repealed by 2005, 273:20, II, eff. Oct. 1, 2005. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:17-a - Repealed by 2005, 273:20, III, eff. Oct. 1, 2005.

458:17-a Repealed by 2005, 273:20, III, eff. Oct. 1, 2005. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:17-b - Repealed by 2005, 273:20, IV, eff. Oct. 1, 2005.

458:17-b Repealed by 2005, 273:20, IV, eff. Oct. 1, 2005. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:17-c - Repealed by 2005, 273:20, V, eff. Oct. 1, 2005.

458:17-c Repealed by 2005, 273:20, V, eff. Oct. 1, 2005. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:17-d - Repealed by 2005, 273:20, VI, eff. Oct. 1, 2005.

458:17-d Repealed by 2005, 273:20, VI, eff. Oct. 1, 2005. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:17-e - Repealed by 2005, 273:20, VII, eff. Oct. 1, 2005.

458:17-e Repealed by 2005, 273:20, VII, eff. Oct. 1, 2005. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:18 - Repealed by 2005, 273:20, VIII, eff. Oct. 1, 2005.

458:18 Repealed by 2005, 273:20, VIII, eff. Oct. 1, 2005. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:18-a - Group Insurance Plans.

458:18-a Group Insurance Plans. –
Upon a decree of nullity, divorce, or legal separation, if one spouse is a member of a group health insurance plan and the employer or any other sponsor is responsible for the payment of the premium required by the insurer as the consideration for providing coverage to an ex-spouse, such premium shall be paid either by the health insurance plan member, the ex-spouse of the member, or by both the member and the ex-spouse as they shall agree or as shall be ordered in the decree of divorce by the court. The provisions of this section shall apply to dental coverage provided by such group health insurance plan and shall apply whether or not the ex-spouse is receiving child support payments. This section shall apply only to continued coverage under RSA 415:18, XVI or 29 U.S.C. section 1161, and shall not affect or limit any rights of the former spouse under RSA 415:18, VII-b.
Source.
1986, 163:7. 2007, 379:4, eff. Jan. 1, 2008; 379:11, eff. Jan. 1, 2008 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:19-b - Divorce in Another Jurisdiction.

458:19-b Divorce in Another Jurisdiction. –
The circuit court shall have jurisdiction to make such orders or temporary orders of alimony to a divorced wife or divorced husband, or of support to the children of divorced parents as justice shall require in cases where the decree of divorce was not granted in this jurisdiction, even though said divorce decree makes provision for alimony and support, subject to the provisions of RSA 546-B.
Source.
2011, 224:303, eff. July 1, 2011. 2018, 310:4, eff. Jan. 1, 2019.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:19-c - Medical Assistance Recipient; Notice of Petition for Spousal Support.

458:19-c Medical Assistance Recipient;  Notice of Petition for Spousal Support. –
I. If the petitioner or respondent is a recipient of medical assistance under the state Medicaid program, the petitioner shall serve the department of health and human services with a copy of any petition for spousal support filed under this chapter.
II. The department of health and human services shall have the opportunity to address the court in any proceeding under this section if the court, or the department, upon motion to the court, has concerns relative to:
(a) The impact on the recipient of any period of Medicaid ineligibility that would result from the allocation of income or assets;
(b) Whether the ward has been the victim of a crime or has been or is at risk of being abused, neglected, or exploited within the meaning of RSA 161-F:43; or
(c) The cost of the recipient's care to be paid by Medicaid as the result of the proposed allocation of income or assets.
III. No petition of spousal support shall be enforceable against the department as it relates to eligibility for medical assistance unless the petitioner provides a copy of the petition to the department at least 14 days prior to filing with the court.
Source.
2018, 310:4, eff. Jan. 1, 2019. 2022, 272:23, eff. Aug. 23, 2022; 272:24, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:20 - Trust Fund.

458:20 Trust Fund. –
In a proceeding under this chapter, the court may set aside a portion of the property of the parties in a separate fund or trust for the support, maintenance, education and general welfare of either party.
Source.
RS 148:14. CS 157:14. GS 163:13. GL 182:13. PS 175:15. PL 287:17. RL 339:17. RSA 458:20. 1985, 175:2; 330:1. 1987, 278:3. 2004, 1:2. 2005, 273:4, eff. Oct. 1, 2005.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:21 - Security.

458:21 Security. –
In all cases where alimony or an allowance shall be decreed for a spouse or children the court may require security to be given for the payment thereof.
Source.
RS 148:15. CS 157:15. GS 163:14. GL 182:14. PS 175:16. PL 287:18. RL 339:18. RSA 458:21. 1985, 175:3; 330:2, eff. Aug. 13, 1985.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:23 - Legitimacy of Offspring.

458:23 Legitimacy of Offspring. –
No decree of divorce shall affect the legitimacy of a child born or begotten in lawful matrimony, unless it shall be so expressed in the decree, and children born of a marriage entered into in good faith by the parties thereto shall be regarded as legitimate children and their legitimacy shall not be affected by a decree of nullity, unless it shall be so expressed in the decree.
Source.
RS 148:11. CS 157:11. GS 163:10. GL 182:10. PS 175:7. 1925, 26:1. PL 287:20. RL 339:20.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:23-a - Repealed by 2005, 273:20, IX, eff. Oct. 1, 2005.

458:23-a Repealed by 2005, 273:20, IX, eff. Oct. 1, 2005. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:24 - Decree.

458:24 Decree. –
In any proceeding under this chapter, except an action for legal separation, the court may, when a decree of divorce or nullity is made, restore a former name of the spouse, regardless of whether a request therefor had been included in the petition.
Source.
1905, 7:1. PL 287:21. RL 339:21. RSA 458:24. 1969, 314:1. 1971, 445:4. 1996, 32:6. 1998, 53:2. 2004, 114:2, eff. May 17, 2004.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:25 - Return of List.

458:25 Return of List. –
The clerk of the superior court for each county, at the end of each term of court, shall return to the registrar of vital records a full and correct list of all changes of names that have been decreed hereunder by the court since the last return.
Source.
1905, 7:2. PL 287:22. RL 339:22. 1949, 253:2. 2003, 319:74, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:26 - Legal Separation.

458:26 Legal Separation. –
I. In any case in which a divorce might be decreed, the superior court, on petition of either party, may decree a legal separation of the parties, which separation shall have in all respects the effect of a divorce, except that the parties shall not thereby be made free to marry any third person and except as hereinafter provided.
II. A person concerning whom a legal separation has been decreed may file a motion to amend the decree to one of divorce. The court may then consider whether justice requires that such a change be made, and, upon such consideration, the court may, in its discretion, grant such a motion.
Source.
1919, 68:1. PL 287:24. RL 339:24. RSA 458:26. 1971, 445:5. 1983, 334:1, eff. Aug. 17, 1983.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:27 - Procedure, etc.

458:27 Procedure, etc. –
Upon such petition for legal separation the procedure shall be the same as upon petitions for divorce, and the court shall have the same power in all matters relating to restraining orders and decrees, allowances, alimony, parental rights and responsibilities under RSA 461-A for children and division or apportionment of the property of the parties, as in cases of divorce. The name of the wife shall not be changed.
Source.
1909, 68:2. PL 287:25. RL 339:25. 2004, 114:3. 2005, 273:5, eff. Oct. 1, 2005.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:28 - Resumption of Relations.

458:28 Resumption of Relations. –
The parties to such a petition may at any time resume marital relations, upon filing with the clerk of the superior court for the county in which the separation was decreed their written declaration of such resumption, signed, acknowledged and witnessed. Such declaration shall be entered upon the docket, under the entries relating to such petition.
Source.
1909, 68:3. PL 287:26. RL 339:26.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:29 - Effect.

458:29 Effect. –
Such resumption of marital relations shall terminate and annul all restraining orders, and all decrees relating to alimony or parental rights and responsibilities, but shall not affect any decree relating to the division or apportionment of property.
Source.
1909, 68:4. PL 287:27. RL 339:27. 2005, 273:6, eff. Oct. 1, 2005.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:30 - Returns.

458:30 Returns. –
The clerk of the superior court shall make return of all such decrees of separation and declarations of the resumption of marital relations to the registrar of vital records in the manner provided for the return of divorces.
Source.
1909, 68:5. PL 287:28. RL 339:28. 2003, 319:75, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:30-a - Repealed by 1971, 445:7, II, eff. Aug. 29, 1971.

458:30-a Repealed by 1971, 445:7, II, eff. Aug. 29, 1971. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:31 - Orders for Support of Spouse.

458:31 Orders for Support of Spouse. –
If either spouse is living apart from the other without justifiable cause or willingly absents himself or herself from the other, the superior court, upon his or her petition, or if insane by his or her guardian or next friend, may issue orders which may at the discretion of the court be ex parte and which may grant such relief as provided for in RSA 458:16. The domicile requirements of RSA 458:4, 5, and 6 shall not apply to this section; and the court may grant relief hereunder to a nonresident plaintiff if the defendant is a resident of this state.
Source.
RS 149:1, 2. CS 158:1, 2. 1858, 2073:1. 1860, 2342:2. GS 164:2, 3, 17. GL 183:2, 3, 15. 1887, 24:1; 100:1; 103:1, 3. PS 176:4. 1907, 31:1. PL 287:29. RL 339:29. 1949, 240:2. RSA 458:31. 1963, 42:1. 1971, 445:6. 1999, 91:1, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:32 - Modification.

458:32 Modification. –
Upon motion and notice to the adverse party in the proceeding, or upon a new petition by either party and like procedure thereon, the court may modify or revise its orders and decrees.
Source.
RS 149:1, 2. CS 158:1, 2. 1858, 2073:1. 1860, 2342:2. GS 164:2, 3, 17. GL 183:2, 3, 15. 1887, 24:1; 100:1; 103:1, 3. PS 176:4. 1907, 31:1. PL 287:30. RL 339:30.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:33 - Repealed by 1987, 278:5, II, eff. Jan. 1, 1988.

458:33 Repealed by 1987, 278:5, II, eff. Jan. 1, 1988. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:34 - Enforcement.

458:34 Enforcement. –
Upon such petition an attachment of either spouse's property may be made as in case of a petition for divorce; and the court may make interlocutory orders therein as in divorce cases, and its orders and decrees shall be enforced in like manner.
Source.
1887, 103:2. PS 176:5. PL 287:32. RL 339:32. 1999, 91:2. 2004, 114:2, eff. May 17, 2004.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:35 - Repealed by 2005, 273:20, X, eff. Oct. 1, 2005.

458:35 Repealed by 2005, 273:20, X, eff. Oct. 1, 2005. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:35-a, - Repealed by 1982, 42:21, eff. June 29, 1982.

458:35-a, 458:35-b. Repealed by 1982, 42:21, eff. June 29, 1982. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:35-c - Repealed by 2005, 273:20, XI, eff. Oct. 1, 2005.

458:35-c Repealed by 2005, 273:20, XI, eff. Oct. 1, 2005. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:36 - Repealed by 2005, 273:20, XII, eff. Oct. 1, 2005.

458:36 Repealed by 2005, 273:20, XII, eff. Oct. 1, 2005. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:37 - Repealed by 1985, 331:24, I, eff. Oct. 1, 1985.

458:37 Repealed by 1985, 331:24, I, eff. Oct. 1, 1985. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:38 - Repealed by 1985, 331:24, II, eff. Oct. 1, 1985.

458:38 Repealed by 1985, 331:24, II, eff. Oct. 1, 1985. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:39 - Repealed by 1985, 331:24, III, eff. Oct. 1, 1985.

458:39 Repealed by 1985, 331:24, III, eff. Oct. 1, 1985. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:40 - Repealed by 1985, 331:24, IV, eff. Oct. 1, 1985.

458:40 Repealed by 1985, 331:24, IV, eff. Oct. 1, 1985. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:41 - Repealed by 1985, 331:24, V, eff. Oct. 1, 1985.

458:41 Repealed by 1985, 331:24, V, eff. Oct. 1, 1985. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:42 - Repealed by 1985, 331:24, VI, eff. Oct. 1, 1985.

458:42 Repealed by 1985, 331:24, VI, eff. Oct. 1, 1985. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:43 - Repealed by 1985, 331:24, VII, eff. Oct. 1, 1985.

458:43 Repealed by 1985, 331:24, VII, eff. Oct. 1, 1985. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:44 - Repealed by 1985, 331:24, VIII, eff. Oct. 1, 1985.

458:44 Repealed by 1985, 331:24, VIII, eff. Oct. 1, 1985. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:45 - Repealed by 1985, 331:24, IX, eff. Oct. 1, 1985.

458:45 Repealed by 1985, 331:24, IX, eff. Oct. 1, 1985. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:46 - Repealed by 1985, 331:24, X, eff. Oct. 1, 1985.

458:46 Repealed by 1985, 331:24, X, eff. Oct. 1, 1985. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:47 - Repealed by 1985, 331:24, XI, eff. Oct. 1, 1985.

458:47 Repealed by 1985, 331:24, XI, eff. Oct. 1, 1985. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:48 - Repealed by 1985, 331:24, XII, eff. Oct. 1, 1985.

458:48 Repealed by 1985, 331:24, XII, eff. Oct. 1, 1985. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:49 - Repealed by 1985, 331:24, XIII, eff. Oct. 1, 1985.

458:49 Repealed by 1985, 331:24, XIII, eff. Oct. 1, 1985. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:50 - Repealed by 1985, 331:24, XIV, eff. Oct. 1, 1985.

458:50 Repealed by 1985, 331:24, XIV, eff. Oct. 1, 1985. –
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:51 - Attorneys' Fees in Contempt Cases.

458:51 Attorneys' Fees in Contempt Cases. –
In any proceeding under this chapter in which a party alleges, and the court finds, that the other party has failed without just cause to obey a prior order or decree, the court shall award reasonable costs and attorneys' fees to the prevailing party.
Source.
1985, 171:1, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458 - Annulment, Divorce and Separation › Section 458:52 - Limitation.

458:52 Limitation. –
Nothing in this chapter shall abrogate the common law doctrines of recrimination or condonation, or the rights of persons to enter into binding and enforceable prenuptial contracts concerning their respective property rights.
Source.
1987, 278:4, eff. Jan. 1, 1988.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:2 - Proceedings Governed by Other Law.

458-A:2 Proceedings Governed by Other Law. –
This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:3 - Application to Indian Tribes.

458-A:3 Application to Indian Tribes. –
I. A child-custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. section 1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.
II. A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying RSA 458-A:1 through RSA 458-A:21.
III. A child-custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under RSA 458-A:22 through RSA 458-A:38.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:4 - International Application of Chapter.

458-A:4 International Application of Chapter. –
I. A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying RSA 458-A:1 through RSA 458-A:21.
II. Except as otherwise provided in paragraph III, a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under RSA 458-A:22 through RSA 458-A:38.
III. A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:5 - Effect of Child-Custody Determination.

458-A:5 Effect of Child-Custody Determination. –
A child-custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with RSA 458-A:7 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:6 - Priority.

458-A:6 Priority. –
If a question of existence or exercise of jurisdiction under this chapter is raised in a child-custody proceeding, the question, upon request of a party, shall be given priority on the calendar and handled expeditiously.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:7 - Notice to Persons Outside State.

458-A:7 Notice to Persons Outside State. –
I. Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.
II. Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.
III. Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:8 - Appearance and Limited Immunity.

458-A:8 Appearance and Limited Immunity. –
I. A party to a child-custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child-custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.
II. A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
III. The immunity granted by paragraph I does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this state.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:9 - Communication Between Courts.

458-A:9 Communication Between Courts. –
I. A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter.
II. The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
III. Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.
IV. Except as otherwise provided in paragraph III, a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.
V. For the purposes of this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:10 - Taking Testimony in Another State.

458-A:10 Taking Testimony in Another State. –
I. In addition to other procedures available to a party, a party to a child-custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
II. A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
III. Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
Source.
2009, 191:1, eff. Dec. 1, 2010.