Title XLIII, Domestic Relations

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.

I. Upon the filing of a petition seeking enforcement of a child-custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be remov…

I. The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during …

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.

A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child-custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdic…

An appeal may be taken from a final order in a proceeding under this subdivision in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under RSA 458-A:15, the enforcing court may not stay an order enforcing a c…

I. In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resort to a proceeding under this subdivision or any other av…

At the request of a prosecutor or other appropriate public official acting under RSA 458-A:36, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or appropriate public official with responsibilities under…

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or other appropriate public official and law enforcement officers under RSA 458-A:36 or RSA 458-A:37.

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

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…

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.

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 de…

I, II. [Repealed.] III. The amount withheld by an income assignment shall include both the amount of support stated in the legal order of support as well as an additional amount which shall be applied to any arrearage. Said arrearage amount withheld shall be no less than 20 perce…

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 …

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 …

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provision…

I. When support is payable through the department if income is not subject to immediate assignment under this chapter, including cases subject to a finding of good cause or to a written agreement, before notice of the income assignment may be given to an employer by the departmen…

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,…

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.

I. Special circumstances, including, but not limited to, the following, if raised by any party to the action or by the court, shall be considered in light of the best interests of the child and may result in adjustments in the application of support guidelines provided under this…

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 plaintif…

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 instit…

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.

I. Upon motion or petition by a party for enforcement of a final property settlement or decree of divorce, or for contempt related to any proceeding under this chapter, the court shall enforce such settlement or decree according to its terms, unless the settlement or decree or re…

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.

Jurisdiction of the cause for divorce exists when it wholly arose or accrued while the plaintiff was domiciled in the state, and not otherwise.

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.

Before the commencement of withholding procedures, the obligor's employer shall be given notice of the following: I. The amount to be withheld and that it cannot exceed the limits set under RSA 458-B:4, IV. II. That the employer must implement withholding no later than the first …

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 complet…

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 identifica…

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 esta…

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 withh…

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 fe…

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 t…

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 pr…

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 calcula…

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…

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, al…

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 …

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 rea…

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…

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.

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.

All petitions initiated under RSA 168-A, RSA 458, and RSA 458-C shall be brought in the county in which either party lives and before the superior court; and notice thereof shall be given to the respondent as required by this section. I. If the parties file a joint petition, the …

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 in…