Sample New Hampshire Marital Separation
Legal Separation Laws in New Hampshire
In New Hampshire, there are favorable laws that allow couples breathing space when they aren’t sure about the fate of their marriages. The provision may help the couple resolve their issues, or it may help them understand that their marriage has ended. While divorces are commonplace in family law courts, separations are not as many. Most couples may not exactly understand it.
In between marriage and divorce are legal separations. A legal separation is a process, that is very much like a divorce proceeding. The only difference is that couples remain married after the judgment of legal separation.
Three Conditions for Legal Separation
Some of the conditions for Marital Separation Agreement in New Hampshire include:
That both spouses live in New Hampshire
That the spouse initiating the legal separation lives in New Hampshire, and their spouse can be served in New Hampshire.
That the spouse initiating the legal separation has been a resident in the state of New Hampshire for at least one year
Reasons for Legal Separation
Since couples remain married when they file for legal separation, what are some of the reasons for filing for separation?
Some spouses have religious beliefs which do not condone divorce. Therefore, legal separation offers an amicable solution to the problem.
Some couples wish and hope to work things out, but they require time apart
Couples with joint health insurance stay married so that one spouse enjoys health insurance from the other. In the state of New Hampshire, a couple that is legally separated can still be on the other health insurance policy. This does not apply when couples divorce.
Legal Separation Procedure
The process for the New Hampshire Marital Separation Agreement is similar to divorce proceedings.
According to RSA 458:27, in a legal separation, the court has the same power in matters that relate to restraining orders and decrees, alimony, allowances, and parental rights and responsibilities as it does in divorce proceedings.
For the court to issue a judgment of legal separation in New Hampshire, both parties have to be in favor of filing the legal separation.
However, if one party files for a legal separation and the other party a divorce, the court proceedings will be handled as a divorce.
What Happens if the Judgment for Legal Separation is Issued?
At any time during the legal separation, both parties can resume their marriage canceling the separation. For this, the couple must file a written declaration with the superior court. Once the declaration is filed, the parental rights and responsibilities, as well as the alimony are terminated except for the separation of assets that was assigned.
The state of New Hampshire allows a couple to stay legally separated for as long as they wish.
The couple can stay together, file for a divorce, or even stay legally separated forever.
You can use this free Marital Separation Agreement template to understand all the aspects of the legal separation and the impact it will have on your marriage.
Whether you live in Manchester, Nashua, Concord or any other city of New Hampshire, you can use our legal forms easily.