New Hampshire Statutes
§ 458:12 — Insanity of Petitionee
New Hampshire § 458:12
JurisdictionNew Hampshire
Title XLIIIDOMESTIC RELATIONS
Ch. 458ANNULMENT, DIVORCE AND SEPARATION
SubdivisionProcedure
This text of New Hampshire § 458:12 (Insanity of Petitionee) is published on Counsel Stack Legal Research, covering New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
N.H. Rev. Stat. Ann. § 458:12 (2026).
Text
If the petitionee is insane and has no legal guardian other than the spouse, the court may appoint a guardian to appear for and answer for the petitionee. Although the insanity of the petitionee may be considered by the court in determining whether a divorce should be granted, such insanity shall not constitute a defense to a petition for divorce. Where a decree of divorce has been entered and where it has been proven by competent medical testimony at the divorce hearing that the petitionee was incurably insane at the time the petition for divorce was filed, the decree shall in no way relieve a spouse from any obligation imposed by law as a result of marriage to support the incurably insane spouse.
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Legislative History
RS 148:8. CS 157:8. GS 163:7. GL 182:7. PS 175:10. PL 287:10. RL 339:10. RSA 458:12. 1971, 445:2. 1996, 32:2. 2004, 114:2, eff. May 17, 2004.
Nearby Sections
15
§ 458:1
Without Decree§ 458:11
Service on Correspondent§ 458:12
Insanity of Petitionee§ 458:13
Evidence of Marriage§ 458:14
Revision of Orders, Etc§ 458:15
Clerks' Returns§ 458:15-b
Financial Affidavits§ 458:15-c
Mediation§ 458:16-a
Property Settlement§ 458:16-b
Restraining Orders Regarding PropertyCite This Page — Counsel Stack
Bluebook (online)
New Hampshire § 458:12, Counsel Stack Legal Research, https://law.counselstack.com/statute/nh/458/458%3A12.