1 Divorce Hearings; Oral and Stipulated Written Evidence Permitted.
Amend RSA 458:7-a to read as follows:
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
libel for divorce under this section, allegations or evidence of
specific acts of misconduct shall be improper and inadmissible, except
where child custody is in issue and such evidence is relevant to
establish that parental custody 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.[Previous
sentence, and all before it, is same as before, but following is new] The
court's findings and decree may be based on oral or stipulated written evidence.
Bill found at http://www.state.nh.us/gencourt/bills/98sbills/sb0315.html
Polls
| Legislation
| Statistics | Articles/Opinion
| Quotations | Other
family-related articles