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RSA 458:7-a · Absolute Divorce, Irreconcilable Differences

458:7-a Absolute Divorce, Irreconcilable Differences. – 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, allegations or evidence of specific acts of misconduct shall be improper and inadmissible, except where parental rights and responsibilities are an issue and such evidence is relevant to establish that a particular allocation of parental rights and responsibilities would be detrimental to the child or at a hearing where it is determined by the court to be necessary to establish the existence of irreconcilable differences. If, upon hearing of an action for divorce under this section, both parties are found to have committed an act or acts which justify a finding of irreconcilable differences, a divorce shall be decreed and the acts of one party shall not negate the acts of the other nor bar the divorce decree. The court's findings and decree may be based on oral testimony or written stipulations of the parties. Source. 1971, 445:1. 1998, 53:1. 2004, 114:2. 2005, 273:2, eff. Oct. 1, 2005.

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Source note

Source. 1971, 445:1. 1998, 53:1. 2004, 114:2. 2005, 273:2, eff. Oct. 1, 2005.

Source history

  • 1971, 445:1
  • 1998, 53:1
  • 2004, 114:2
  • 2005, 273:2, eff. Oct. 1, 2005

Related materials

Bill relationships

  • 2026 HB1260 amend · effective 2027-01-01

    e marriage applicant's names and place of residence; and the date of the marriage ceremony. 13 New Sections; Annulment, Divorce, and Separation; Miscellaneous Provisions. Amend RSA 458 by inserting after section 51-a the following new sections: 458:51-b Confidentiality of Certain Divorce Records. I. For purposes of this section: (a) “Uncontested divorce” means a divorce proceeding in which b

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    e marriage applicant's names and place of residence; and the date of the marriage ceremony. 13 New Sections; Annulment, Divorce, and Separation; Miscellaneous Provisions. Amend RSA 458 by inserting after section 51-a the following new sections: 458:51-b Confidentiality of Certain Divorce Records. I. For purposes of this section: (a) “Uncontested divorce” means a divorce proceeding in which b

  • 2026 HB1615 reference · effective 2027-01-01

    law governing licensed marriage, divorce, legal separation, annulment, spousal support, child custody, parental rights, and related matters, including but not limited to RSA 457, RSA 458, RSA 461-A, RSA 490-D, and applicable doctrines of equity. VIII. "Filing" means submission of a document to the department of state for administrative purposes only, not constituting judicial review, recording, or a

  • 2026 HB1615-FN reference · effective 2027-01-01

    law governing licensed marriage, divorce, legal separation, annulment, spousal support, child custody, parental rights, and related matters, including but not limited to RSA 457, RSA 458, RSA 461-A, RSA 490-D, and applicable doctrines of equity. VIII. "Filing" means submission of a document to the department of state for administrative purposes only, not constituting judicial review, recording, or a

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