HB1281: relative to divorce petitions and procedures.

HB 1281 - AS INTRODUCED

2016 SESSION

16-2283

05/09

HOUSE BILL 1281

AN ACT relative to divorce petitions and procedures.

SPONSORS: Rep. Gargasz, Hills. 27; Rep. Froburg, Coos 3; Rep. DeSimone, Rock. 14

COMMITTEE: Judiciary

ANALYSIS

This bill clarifies jurisdictional requirements when the parties file a joint petition for divorce. The bill also permits the parties to make a limited transfer of joint assets after the petition has been filed and prohibits the parties from unilaterally canceling insurance coverage.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2283

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT relative to divorce petitions and procedures.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Annulment, Divorce and Separation; Jurisdiction Over Parties. Amend RSA 458:5 by inserting after paragraph III the following new paragraph:

IV. Where the plaintiff was so domiciled and the parties filed a joint petition.

2 Restraining Order Regarding Property. Amend RSA 458:16-b, I to read as follows:

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) For any one of the following reasons or as provided in subparagraph (b):

[(a)] (1) By written agreement of both parties;

[(b)] (2) For reasonable and necessary expenses of living;

[(c)] (3) In the ordinary and usual course of business;

[(d)] (4) In the ordinary and usual course of investing; or

[(e)] (5) By order of the court.

(b) Either party may transfer from a joint account to an account in his or her name, half of the total, or $10,000, whichever is less.

3 New Paragraph; Restraining Order Regarding Insurance. Amend RSA 458:16-b by inserting after paragraph I the following new paragraph:

I-a. The order issued under paragraph I also shall restrain each party from removing the other from existing health insurance coverage, failing to include the other in the open enrollment period to continue health insurance coverage, or removing the other as a beneficiary of life insurance except:

(a) By written agreement of both parties; or

(b) By order of the court.

4 Effective Date. This act shall take effect 60 days after its passage.