Same Sex Relationships & Divorce Laws in New Hampshire

Same Sex Relationships & Divorce Laws in New HampshireIn 2010, New Hampshire legalized same sex marriage. This meant any civil unions performed beforehand were automatically converted to a legal marriage. While same sex marriage may fall under the same parameters as a heterosexual couple’s marriage, the legal rights and protections of same sex couples can still be confusing and necessitate counsel and advice from a family attorney who is skilled and experienced in same sex marriage and same sex relationship issues. Laws & Demers, PLLC, has the skillset and experience to help any same sex couple with their legal needs.

Same Sex Marriage

Same sex married couples are entitled to all of the benefits and liabilities as any other married couple. This means same sex couples can pay taxes jointly, enjoy social security benefits, share in bankruptcy liabilities, and have immigration benefits. Same sex couples who are married also have access to the benefits allotted through the Family Medical Leave Act and military benefits. Estate planning documents, such as wills, power of attorneys, and advanced directives can also be utilized and adhered to just as they are with heterosexual couples.

Same sex couples need to go through the same process for getting married as anyone does, including obtaining a license and have a ceremony performed within the timeframe according to law. Getting a divorce for couples who came to New Hampshire to obtain a same sex marriage may be more difficult. New Hampshire does have a residency requirement. This means both parties must be in the state and the party filing has to have been living in New Hampshire for one year before filing.


Adoption and surrogacy may pose unique challenges for same sex couples. In New Hampshire, it is not legal to use a donor egg for surrogacy. This means a lesbian couple may use one of their eggs and donor sperm for implantation in a surrogate. However, male same sex couples can’t use a donor egg, therefore they can’t take advantage of surrogacy. Same sex couples are permitted to adopt in New Hampshire. Other issues, such as second parent adoptions in New Hampshire have also been presented in family court and have paved the way for same sex couples to create families of their own.

Experienced Same Sex Family Lawyers

While not every challenge posed to same sex couples has been resolved in New Hampshire, more and more issues are being presented in family court. If you are part of a same sex couple and in the midst of a legal issue or need more information about where New Hampshire stands on certain issues, Laws & Demers, PLLC, can be the only source you need. Our firm works tirelessly to stay up-to-date on same sex relationship issues as they pertain to the law and works to represents families of all kinds. The details of a legal issue involving a same sex couple can be just as complex, emotional, and stressful as any legal issue faced by heterosexual couples. With compassion and understanding about how important equal rights and protections are to all New Hampshire residents, Laws & Demers, PLLC, can help you navigate and overcome any legal challenge. To schedule a consultation please contact us at 603-880-2000.