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Getting Divorced

RSA 458:7-a — irreconcilable differences, without fault, and one year's domicile for a plaintiff alone

A divorce is decreed, whatever the fault of either party, on the ground of irreconcilable differences that have caused the irremediable breakdown of the marriage. In such a case, allegations or evidence of specific acts of misconduct are improper and inadmissible, except where parental rights and responsibilities are at issue, as the section provides.

  • RSA 458:7-a
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Who handles this in New Hampshire: New Hampshire Bar Association Lawyer Referral Service and New Hampshire Free Legal Answers; and legal aid programs and the state offices, listed in the New Hampshire directory.

Who lived in the stateThe court has jurisdiction
Who lived in the stateBoth parties, when the action beganThe court has jurisdictionYes
Who lived in the stateThe plaintiff, with the defendant personally served in the stateThe court has jurisdictionYes
Who lived in the stateThe plaintiff alone, for one year before the action beganThe court has jurisdictionYes
Sources for this section (2)
  1. RSA 458:7-a — Absolute Divorce, Irreconcilable Differences
  2. RSA 458:5 — Over Parties

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New Hampshire attorney.

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