Since our legal system has historically favored the marital union, and encouraged people to get married (by providing tax breaks, automatic inheritance rights, and a host of other incentives to married persons) persons who live together and have children are not afforded the same level of access to the divorce process as married couples. We refer to those matters as unwed custody cases, and such persons clearly have the same rights to traditional determination of parenting rights and responsibilities and child support that married persons enjoy.
However, much to their surprise they find that the court cannot issue orders concerning distribution of real estate, household furnishings, personal property, etc., nor can it make orders concerning responsibility for debt between unmarried persons. Alimony is not available to unwed couples in New Hampshire. This is indeed unfortunate, since many people live in a marriage-like union for years or decades without formalizing that union. If unwed couples cannot resolve their disputes on these issues, they are required to file separate legal actions against their former partner to resolve any such issue that may exist. While frustrating, that too is the state of the law in this State and our expert attorneys can analyze your financial situation, and advise you as to the most effective and affordable resolution for such situations.