Best Military Divorce Lawyers in New Hampshire

About Military Divorce Law in New Hampshire, United States

Military divorce in New Hampshire involves unique legal considerations when either or both spouses are active duty service members, part of the National Guard or Reserves, or military retirees. While the process is similar to civilian divorce, certain federal laws and military regulations come into play. These laws impact key aspects such as jurisdiction, division of military pensions, child custody, spousal support, and the ability to serve divorce papers when a spouse is deployed or stationed out of state. Understanding how state and federal laws interact is critical for protecting your rights during a military divorce in New Hampshire.

Why You May Need a Lawyer

Hiring an experienced lawyer is often essential in military divorce cases due to the complex interplay of legal rules. Some common situations where legal help is especially important include:

• Navigating the division of military retirement benefits and ensuring compliance with the Uniformed Services Former Spouses' Protection Act (USFSPA)
• Establishing or contesting jurisdiction when one or both spouses are stationed outside New Hampshire
• Determining how deployments or military duty affect child custody, visitation, and support arrangements
• Resolving issues related to the Survivor Benefit Plan (SBP), VA disability benefits, or other military entitlements
• Ensuring protections from default judgments under the Servicemembers Civil Relief Act (SCRA)
• Coordinating divorce proceedings when one party is on active duty and has limited availability

A lawyer can help military families understand their rights, avoid costly mistakes, and achieve fair outcomes.

Local Laws Overview

Military divorce in New Hampshire follows state divorce statutes but is also influenced by federal laws. Key legal points to consider include:

• Residency Requirements: At least one spouse must be stationed or reside in New Hampshire. Military members may use their state of legal residence, home of record, or current duty station for divorce filings.
• Service of Process: Service members cannot be held in default for failing to respond to divorce papers due to active duty obligations, per the SCRA. Courts may delay proceedings during deployment or training.
• Property Division: New Hampshire is an equitable distribution state, meaning marital assets (including military retirement) are divided fairly but not necessarily equally.
• Military Pensions: Division of retirement benefits is governed by both New Hampshire law and the USFSPA, which allows the state to treat military pensions as marital property and outlines how payments are made.
• Child Custody and Support: Parenting plans must consider deployment schedules and the best interests of the child. New Hampshire uses state child support guidelines, but certain allowances and benefits are counted as income.
• Spousal Support: Alimony may be awarded based on the length of the marriage and economic circumstances, including military income and benefits.
• Health Care and Other Benefits: Eligibility for TRICARE and other benefits depends on length of marriage and years of service, often governed by the 20/20/20 or 20/20/15 rules.

Frequently Asked Questions

What makes a military divorce different from a civilian divorce in New Hampshire?

Military divorces must comply with both state and federal law. Issues such as serving a deployed spouse, dividing military benefits, and handling unique custody concerns make these divorces more complex.

Can I file for divorce in New Hampshire if we are stationed elsewhere?

Yes, military members can usually file in New Hampshire if it is their legal residence or if either spouse is stationed in the state. Consult with a lawyer to determine proper jurisdiction.

How are military pensions divided in a New Hampshire divorce?

Military pensions are marital property and can be divided by the court. The division is subject to USFSPA rules, which also determine how and when payments are made.

Does deployment affect child custody decisions?

Yes. Courts consider the realities of military life, such as deployments and relocations, and often include provisions in the parenting plan to address changes in custody or visitation.

What is the Servicemembers Civil Relief Act (SCRA) and how does it protect service members in divorce?

The SCRA provides certain legal protections to active duty service members, such as postponing court proceedings and preventing default judgments if duty inhibits participation in the case.

Can a non-military spouse keep health care benefits after divorce?

This depends on the length of the marriage and overlap with military service. Under the 20/20/20 rule, some former spouses retain TRICARE and other benefits; others may qualify for transitional coverage.

Are VA disability benefits divided in divorce?

No. VA disability benefits are not considered divisible marital property and cannot be directly split by the court, but they may be factored into alimony or support calculations.

How is child support calculated for a military parent?

New Hampshire uses a state formula that considers all income, including basic pay, special pays, and housing allowances. Military pay stubs and Leave and Earnings Statements are important evidence.

Can I get a divorce while my spouse is deployed?

It is possible, but the process may be delayed if the deployed spouse invokes SCRA protections or cannot participate meaningfully in the proceedings.

Do I need a lawyer for a military divorce in New Hampshire?

While not required by law, having a lawyer experienced in military divorce is highly recommended due to the numerous unique legal issues involved.

Additional Resources

If you are facing a military divorce in New Hampshire, the following resources may provide valuable information and assistance:

• New Hampshire Judicial Branch - Offers general divorce forms and process guides.
• Legal Assistance Offices - Most military installations provide free legal advice to service members and their families.
• NH Bar Association - Can help connect you to family law attorneys who handle military divorce cases.
• Military OneSource - Provides counseling, referrals, and informational resources for military families.
• Department of Defense (DoD) Legal Assistance - Offers guidance on military benefits and legal rights.
• Servicemembers Civil Relief Act (SCRA) Guide - Explains rights and protections during legal proceedings.

Next Steps

If you believe you need legal assistance for a military divorce in New Hampshire, consider the following steps:

• Gather important documents, such as marriage certificates, pay statements, military orders, LES forms, and information about assets and debts.
• Contact your nearest legal assistance office if you are a service member for free guidance and referrals.
• Consult a New Hampshire family law attorney with specific experience in military divorce to discuss your situation and receive tailored advice.
• Prepare questions and concerns in advance to make your first meeting with an attorney as productive as possible.
• Stay informed about both state and federal laws that could affect your divorce and rights as a military family.

Taking prompt action and seeking professional legal help can reduce stress and help ensure a fair and efficient resolution for all parties involved.