HB1280 (2008) Detail

Repealing divorce based on irreconcilable differences and replacing it with divorce based on mutual consent.


HB 1280 – AS INTRODUCED

2008 SESSION

08-2020

05/09

HOUSE BILL 1280

AN ACT repealing divorce based on irreconcilable differences and replacing it with divorce based on mutual consent.

SPONSORS: Rep. N. Elliott, Hills 19; Rep. Ulery, Hills 27; Rep. Villeneuve, Hills 18; Rep. Baldasaro, Rock 3

COMMITTEE: Children and Family Law

ANALYSIS

This bill:

I. Repeals divorce based on irreconcilable differences and replaces it with divorce based on mutual consent.

II. Establishes a presumption in favor of joint decision-making responsibility of any minor children in such cases.

III. Requires a person seeking a divorce who also files a restraining order to proceed on fault grounds.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08-2020

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT repealing divorce based on irreconcilable differences and replacing it with divorce based on mutual consent.

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

1 Mutual Consent Divorce. RSA 458:7-a is repealed and reenacted to read as follows:

458:7-a Absolute Divorce, Mutual Consent. Divorce from the bonds of matrimony may be decreed, irrespective of the fault of either party, on the ground of mutual consent. 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. Prior to the issuance of a decree of divorce under this section, the parties shall sign and file with the court a document of mutual consent indicating that neither party is at fault in the divorce proceeding. If either party seeks a protective order under RSA 173-B before a divorce decree is issued under this section, divorce by mutual consent shall not be granted and the parties shall proceed under RSA 458:7.

2 New Paragraph; Parental Rights and Responsibilities; Joint Decision Making Responsibility Following Divorce by Mutual Consent. Amend RSA 461-A:5 by inserting after paragraph I the following new paragraph:

I-a. Where the parents have agreed to a divorce by mutual consent under RSA 458:7-a. If the court declines to enter an order awarding joint decision-making responsibility, the court shall state in its decision the reasons for the denial.

3 Divorce, Legal Separation, Annulment; Forms. Amend RSA 5-C:58, IV(b) to read as follows:

(b) The cause for filing, stating [irreconcilable differences] mutual consent or specifying other cause.

4 Effective Date. This act shall take effect January 1, 2009.

Links

HB1280 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB1280 Revision: 11479 Date: Jan. 1, 2008, midnight

Docket