New York State Divorce Laws

Residency Requirements for Divorce in New York
If only 1 spouse resides in New York at the time of filing the divorce, the residency requirement is 2 years. However, the requirement is reduced to 1 year if: (1) the spouses were married in New York and either spouse is still a resident; (2) they once resided in New York and either spouse is still a resident; or (3) the grounds for divorce arose in New York. In addition, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the divorce and the grounds for divorce arose in New York. The divorce may be filed for in a county where either spouse resides.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Sections 230 and 231 and New York Civil Practice Laws and Rules; Rule 503].

Legal Grounds for Divorce in New York

1. No Fault Divorce:
   1. Living separate and apart for 1 year under the terms of a separation agreement which is in writing and signed and notarized
   2. Living separate and apart for 1 year under the terms of a judicial separation decree
   [Consolidated Laws of New York Annotated; Domestic Relations Law, Article 10, Section 170 and Article 13, Section 230].
2. General Divorce:
   1. Adultery
   2. Abandonment for 1 year
   3. Imprisonment for 3 or more consecutive years
   4. Cruel and inhuman treatment
   [Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Section 170].

Legal Separation in New York
The grounds for legal separation (separation from bed and board) in New York are:

1. Adultery
2. Abandonment
3. Imprisonment for 3 or more consecutive years
4. Neglect of and failure to provide support for a wife
5. Cruel and inhuman treatment

If only 1 spouse resides in New York at the time of filing the legal separation, the residency requirement is 2 years. However, the requirement is reduced to 1 year if:

1. The spouses were married in New York and either spouse is still a resident
2. They once resided in New York and either spouse is still a resident
3. The grounds for legal separation arose in New York

In addition, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the legal separation and the grounds for legal separation arose in New York.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 11, Sections 200, 230, and 231].

Simplified/Special Divorce Procedures in New York
A summary divorce may be granted in New York if:

1. The spouses lived apart for 1 year according to the terms of a separation decree or a separation agreement (and)
2. Satisfactory proof is submitted to the court that the spouse seeking the divorce has substantially performed all the terms and conditions of the separation decree or separation agreement

There are sample divorce forms contained in the statute (Forms 1 and 12 for no-fault grounds), including the language necessary to state specific grounds and residency requirements. In addition, New York requires a financial disclosure to be filed in every divorce action.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 10, Section 170 and Article 13, Section 236].

Divorce Mediation or Counseling Requirements
There are no legal provisions in New York for divorce mediation.

Divorce Property Distribution
New York is an "equitable distribution" state. Separate property, including property acquired before a marriage and any gifts or inheritances whenever acquired, is to remain with the spouse who owns it. Separate property also includes any increase in value or property acquired in exchange for separate property. Marital property acquired during the marriage will be equitably divided between the spouses, based on the following factors:

1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The income and value of each spouse's property at the time of the marriage and at the time of filing for divorce
3. The probable future economic circumstances of each spouse
4. The length of the marriage
5. The age and health of the spouses
6. The amount and sources of income of the spouses
7. The probable future financial circumstances of each spouse
8. The potential loss of inheritance or pension rights upon dissolution of the marriage
9. Whether the property award is instead of or in addition to maintenance
10. Custodial provisions for the children and the need for a custodial parent to occupy the marital home
11. The type of marital property in question
    [whether it is liquid or non-liquid]
12. The impossibility or difficulty of evaluating an interest in an asset such as a business, profession, or corporation and the desirability of keeping such an asset intact and free from interference by the other spouse
13. The tax consequences to each party
14. The wasteful dissipation of assets
15. Any transfer of property made in anti-cipation of divorce
16. Any equitable claim that a spouse has in marital property, including joint efforts and expenditures, and contribution and services as a spouse, parent, wage earner, and homemaker, and to the career and career potential of the other spouse
17. Any other factor necessary to do equity and justice between the spouses

Marital fault may be considered. Financial disclosure of assets and income are mandatory.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 236, Part B].

Alimony and Spousal Support
Either spouse may be awarded maintenance, without regard to marital fault, based on a consideration of the following factors:

1. The income and property of the spouses, including any marital property divided as a result of the dissolution of marriage
2. Any transfer of property made in anticipation of divorce
3. The duration of the marriage
4. The wasteful dissipation of marital property
5. The contribution of each spouse to the marriage and the career of the other spouse, including services rendered in homemaking, childcare, education, and career-building of the other spouse
6. The tax consequences to each spouse
7. Any custodial and child support responsibilities
8. The ability of the spouse seeking support to become self-supporting and the time and training necessary
9. Any reduced lifetime earning capacity as the result of having foregone or delayed education, training, employment, or career opportunities during the marriage
10. Whether the spouse from whom maintenance is sought has sufficient property and income to provide maintenance for the other spouse
11. The age and health of both spouses
12. The present and future earning capacities of both spouses
13. Any other factor the court deems just and equitable

[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 236, Part B].

Spouse's Name After Divorce
At the wife's request, upon divorce the court may restore her maiden or other former name.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 240a].

Child Custody After Divorce
Joint or sole child custody is to be determined according to the best interests of the child. Neither parent is entitled to a preference. There are no factors specified in the statute.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 240 and New York Case Law].

Child Support After Divorce
Health insurance coverage may be ordered to be provided. Marital misconduct of either parent is not to be considered. There are specific Child Support Guidelines in the statute and which are presumed to be correct, unless there is a showing that the amount of support would be unjust or inappropriate. The factors to be considered are:

1. The financial resources of the child and the parents
2. The standard of living the child would have enjoyed if the marriage had not been dissolved
3. The physical and emotional health of the child and any special needs or aptitudes of the child
4. The financial resources, needs, and obligations of both the noncustodial and the custodial parent
5. The tax consequences to each parent
6. The non-monetary contributions that the parents will make towards the care and well-being of the child
7. The educational needs of either parent
8. Whether 1 parent's income is substantially less than the other parent's
9. The needs of other children of the non-custodial parent
10. If the child does not receive public aid, any extraordinary expenses required for the non-custodial parent to exercise visitation rights
11. Any other relevant factors

Security may be required for the payments.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Sections 236-Part B, 240, and 243 and New York Case Law].

New Mexico Divorce Laws

Residency Requirements for Divorce in New Mexico
One of the spouses must have been a resident of New Mexico for at least 6 months immediately preceding the filing for dissolution of marriage and have a home in New Mexico. The dissolution of marriage may be filed in any county where either spouse resides.
[New Mexico Statutes Annotated; Article 4, Section 40-4-5].

Legal Grounds for Divorce in New Mexico

1. No Fault Divorce: Incompatibility because of discord and conflicts of personalities such that the legitimate ends of the marriage relationship have been destroyed preventing any reasonable expectation of reconciliation.
   [New Mexico Statutes Annotated; Article 4, Sections 40-4-1 and 40-4-2].
2. General Divorce:
   1. Adultery
   2. Abandonment
   3. Cruel and inhuman treatment
   [New Mexico Statutes Annotated; Article 4, Section 40-4-1].

Legal Separation in New Mexico
If the spouses have permanently separated and do not live together or cohabit, either spouse may begin proceedings for property division, child custody and support, and maintenance, without asking for a dissolution of marriage. One of the spouses must have been a resident of New Mexico for at least 6 months immediately preceding the filing for legal separation and have a home in New Mexico.
[New Mexico Statutes Annotated; Article 4, Section 40-4-3].

Simplified/Special Divorce Procedures in New Mexico
Marital settlement agreements and contracts for separation are specifically authorized by law and must be in writing. Any marital settlement agreements should be recorded in the county where the spouses reside.
[New Mexico Statutes Annotated; Article 4, Sections 40-2-4 and 40-2-5].

Divorce Mediation or Counseling Requirements
There are provisions in New Mexico for the establishment of domestic relations mediation programs. If such programs have been established in the county where the dissolution of marriage is filed for, parents may request the use of such programs, or the court may order the parents to enter the program.
[New Mexico Statutes Annotated; Article 4, Section 40-12-5].

Divorce Property Distribution
New Mexico is a "community property" state. Each spouse retains his or her separate property acquired prior to the marriage, designated as separate property by a written agreement, and any gifts or inheritances. New Mexico uses a "quasi-community" property definition: All property, except separate property, that a spouse acquires outside of New Mexico which would have been community property if they had acquired it in New Mexico. "Quasi-community" property is treated like standard community property. The spouse's community property is to be divided equally between the spouses. Marital fault is not considered. There are no factors for consideration set out in the statute.
[New Mexico Statutes Annotated; Article 4, Sections 40-3-8 and 40-4-7].

Alimony and Spousal Support
Either spouse may be awarded a just and proper amount of maintenance, without regard to marital fault. The factors that the court will consider are:

1. The duration of the marriage
2. The spouse's current and future earning capacities
3. The good faith efforts of the spouses to maintain employment or become self-supporting
4. The needs and obligations of each spouse
5. The age, health, and means of the spouses
6. The amount of property that each spouse owns
7. The spouses' standard of living during the marriage
8. The maintenance of medical and life insurance during the marriage
9. The assets and property of the spouses, including any income-producing property
10. Each spouse's liabilities
11. Any marital separation or settlement agreements

[New Mexico Statutes Annotated; Article 4, Section 40-4-7 and New Mexico Case Law].

Spouse's Name After Divorce
The court may order the restoration of a spouse's former name.
[New Mexico Statutes Annotated; Article 4, Section 40-8-1].

Child Custody After Divorce
Joint or sole child custody is to be determined according to the best interests of the child. There is a presumption that joint custody is in the best interests of the child, unless shown otherwise. The factors for consideration in all custody situations are:

1. The wishes of the child
2. The wishes of the parents
3. The relationship of the child with parents, siblings, and other significant family members
4. The child's adjustment to his or her home, school, and community
5. The mental and physical health of all individuals involved

If a minor is 14 years old or older, the court may consider the wishes of the minor.

In addition, the factors that are considered in determining joint custody are as follows:

1. The ability of the parents to cooperate and make decisions jointly
2. The physical proximity of the parents to each other as this relates to the practical considerations of where the child will reside
3. Whether an award of joint custody will promote more frequent or continuing contact between the child and each of the parents
4. The love, affection, and other emotional ties existing between the parents and the child
5. The capacity and disposition of the parents to provide the child with food, clothing, medical care, and other material needs
6. Whether each parent is willing to accept all the responsibilities of parenting, including a willingness to accept or relinquish care at specified times
7. Whether each parent is able to allow the other to provide care without intrusion
8. The suitability of a parenting plan for the implementation of joint custody
9. Whether any domestic abuse has occurred

[New Mexico Statutes Annotated; Article 4, Sections 40-4-9 and 40-4-9.1].

Child Support After Divorce
Either parent may be ordered to provide child support, based on a consideration of the financial resources of that parent. Any welfare benefits are not considered. Specific child support guidelines and worksheets are provided. Separate worksheets are provided for determining child support amounts for parents with visitation and for parents with shared responsibility. Shared responsibility or joint custody is defined as each parent having the child in their home at least 35% of the time during a year. Chid Support Guidelines are contained in New Mexico Statutes Annotated; Article 4, Section 40-4-11.1. These guidelines are presumed to be correct unless there is a showing that the amount of support would be unjust or inappropriate under the particular circumstances of a case, specifically:

1. Any extraordinary uninsured medical, dental, or counseling expenses for the child of over $100.00 per year
2. Any extraordinary educational expenses for the child
3. Any transportation and communication expenses for long-distance visitation or time-sharing

A substantial hardship for either parent or the child may also justify an adjustment of the amount of the child support payment. The assignment and withholding of wages to secure the payment of child support payments may be ordered.
[New Mexico Statutes Annotated; Article 4, Sections 27-2-27, 40-4-7, 40-4-11, and 40-4-11.1].

New Jersey Divorce Laws

Residency Requirements for Divorce in New Jersey

1. One of the spouses must be a resident of New Jersey for at least 1 year prior to filing for divorce (or)
2. When the cause for divorce is adultery and took place in New Jersey, 1 of the spouses must have been a resident.

The divorce may be filed for in any county in New Jersey.
[New Jersey Statutes Annotated; Title 2A, Chapters 34-8 and 34-10].

Legal Grounds for Divorce in New Jersey

1. No Fault Divorce: Living separate and apart for 18 months and no reasonable prospect of reconciliation.
   [New Jersey Statutes Annotated; Title 2A, Chapter 34-2].
2. General Divorce:
   1. Adultery
   2. Imprisonment for 18 months
   3. Unnatural sexual behavior before or after marriage
   4. Alcoholism or drug addiction
   5. Confinement for incurable insanity
   6. Willful desertion for 1 year
   7. Cruel and inhuman treatment
   8. Separation for 2 years caused by confinement for mental illness
   9. Extreme cruelty
   [New Jersey Statutes Annotated; Title 2A, Chapter 34-2].

Legal Separation in New Jersey
The grounds for legal separation (or a divorce from bed and board) are the same as for divorce. One of the spouses must be a resident of New Jersey for at least 1 year prior to filing for legal separation or when the cause for legal separation is adultery and took place in New Jersey, 1 of the spouses must have been a resident (no time limit).
[New Jersey Statutes Annotated; Title 2A, Chapter 34-2].

Simplified/Special Divorce Procedures in New Jersey
The filing of an acknowledgment of service of process or appearance is specifically authorized. Also, there is a required Case Information Statement which must be filed as shown in New Jersey Civil Practice Rules, Appendix V.
[New Jersey Statutes Annotated; Title 2A, Chapter 34-11].

Divorce Mediation or Counseling Requirements
There are no legal provisions in New Jersey for divorce mediation.

Divorce Property Distribution
New Jersey is an "equitable distribution" state. A spouse's separate property acquired before a marriage is retained by that spouse. All of the spouse's other property (except that acquired by gift and inheritance) is divided equitably, based on the following factors:

1. The value of each spouse's marital property
2. The value of the separate property of the spouses
3. The length of the marriage
4. The age and health of the spouses
5. The amount and sources of income of the spouses
6. The liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
7. The standard of living established during the marriage
8. How and by whom the property was acquired
9. The tax consequences to each spouse
10. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
11. The economic circumstances of each spouse at the time the division of property is to become effective
12. Any written agreement between the spouses
13. The income and earning capacity of the spouses
14. The educational background, training, and employment skills of the spouses
15. Any custodial responsibilities
16. The length of absence from the job market
17. The time and expense necessary to enable the spouse to acquire sufficient education or training to enable the spouse to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage
18. The need for the parent with custody of any children to own or occupy the marital residence
19. The need to create a trust fund for the future medical or educational needs of a spouse or children
20. Any other factor necessary to do equity and justice between the spouses

[New Jersey Statutes Annotated; Title 2A, Chapter 34-23].

Alimony and Spousal Support
Either spouse may be ordered to pay alimony, without regard to marital fault, based on the following factors:

1. The duration of the marriage
2. The actual needs, obligations, and ability to pay of each spouse
3. The standard of living established during the marriage and the likelihood that each spouse can maintain a comparable standard of living
4. The time and expense necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
5. The age of the spouses
6. The physical and emotional conditions of the spouses
7. The earning capacities, educational levels, vocational skills, and employability of the spouses
8. The length of absence from the job market
9. Any child custodial responsibilities of the spouse
10. The availability of training and employment
11. The opportunity for the future acquisition of capital and income
12. The history or financial and non-financial contributions of each spouse to the marriage, including the contribution of each spouse to the care and education of children and interruption of personal careers or educational opportunities
13. The equitable distribution of property and any payouts from this property, if a consideration of this income is fair and just
14. Any investment income available to either spouse
15. The tax consequences of any alimony
16. Any other factor the court deems just and equitable

[New Jersey Statutes Annotated; Title 2A, Chapter 34-23].

Spouse's Name After Divorce
The court may allow either spouse to use his or her former name.
[New Jersey Statutes Annotated; Title 2A, Chapter 34-21].

Child Custody After Divorce
Sole or joint custody may be awarded based on the following factors:

1. The physical, emotional, mental, religious, and social needs of the child
2. The preference of the child, if the child is of sufficient age and capacity

No preference is to be given because of parent's sex. A father may not forcibly take a minor child from a mother's actual physical custody.
[New Jersey Statutes Annotated; Title 2A, Chapter 34-23 and New Jersey Case Law].

Child Support After Divorce
The court may award child support for the care, maintenance, and education of a child. The factors for consideration specified in the statute are:

1. The needs and liability of the child
2. The standard of living and economic circumstances of both parents
3. The financial resources, needs, and obligations of both the non-custodial and the custodial parent
4. The earning ability of each parent, including educational background, training, employment skills, work experience, custodial responsibility for the children, cost of childcare, and the length and cost of education and training to obtain employment
5. The need and capacity of the child for education, including higher education
6. The age and health of the child and the parents
7. The income, assets, and earning ability of the child
8. The responsibility of the parents for the support of others
9. Any other relevant factors

There are specific New Jersey Supreme Court child support guidelines contained in New Jersey Civil Practice Rules, Appendix IX.
[New Jersey Statutes Annotated; Title 2A, Chapter 34-23].

New Hampshire Divorce Laws

Residency Requirements for Divorce in New Hampshire

1. Both spouses must be residents of the state when the divorce is filed for
2. The spouse filing for divorce must have been a resident of New Hampshire for 1 year immediately prior to filing for divorce and the other spouse was personally served with process within the state (or)
3. The cause of divorce must have arisen in New Hampshire and 1 of the spouses must be living in New Hampshire when the divorce is filed for. The divorce may be filed for in a county where either spouse resides

[New Hampshire Revised Statutes Annotated; Chapters 458:5, 458:6, and 458.9].

Legal Grounds for Divorce in New Hampshire

1. No Fault Divorce: Irreconcilable differences which have caused the irremediable breakdown of the marriage.
   [New Hampshire Revised Statutes Annotated; Chapter 487:7a]
2. General Divorce:
   1. Impotence
   2. Adultery
   3. Abandonment and not being heard of for 2 years
   4. Imprisonment with a sentence of more than 1 year served
   5. Physical abuse or reasonable apprehension of physical abuse
   6. Desertion without support of spouse by husband for 2 years
   7. Extreme cruelty
   8. Habitual intemperance (drunkenness) for 2 years
   9. Living separate and apart without cohabitation for 2 years
   10. Mental abuse
   [New Hampshire Revised Statutes Annotated; Chapters 458:7, 458:7a, and 458:26].

Legal Separation in New Hampshire
The grounds for legal separation (limited divorce) in New Hampshire are the same as for divorce:

1. The spouse filing for legal separation must have been a resident of New Hampshire for 1 year (or)
2. The cause of legal separation must have arisen in New Hampshire and 1 of the spouses must be living in New Hampshire when the action for legal separation is filed for

[New Hampshire Revised Statutes Annotated; Chapters 458:5, 458:6, 458:7, 458:7a, and 458:26].

Simplified/Special Divorce Procedures in New Hampshire
There are no legal provisions in New Hampshire for simplified divorce procedures.

Divorce Mediation or Counseling Requirements
At either spouse's request or if the court feels that there is a reasonable chance at reconciliation, it may delay the divorce proceedings and order the spouses to submit to marriage counseling. There are also provisions for voluntary marital mediation of issues involved in the divorce.
[New Hampshire Revised Statutes Annotated; Chapters 458:6, 458:7B, and 458:15-a].

Divorce Property Distribution
New Hampshire is an "equitable distribution" state. The court will divide all of the spouse's property, including:

1. Gifts
2. Inheritances
3. Property acquired prior to the marriage
4. Any retirement or pension benefits, as is equitable and just

An equal division is presumed to be equitable. The factors for consideration specified in the statute are:

1. The length of the marriage
2. The age and health of the spouses
3. The occupation of the spouses
4. The vocational skills of the spouses
5. The employability of the spouses
6. The value of each spouse's property
7. The amount and sources of income of the spouses
8. The liabilities and needs of each spouse
9. The opportunity of each for further acquisition of capital assets and income
10. The ability of the custodial parent to engage in gainful employment without interfering with the interests of any minor children in custody
11. The need of the custodial parent to occupy or own the marital residence and any household furnishings
12. The actions of either spouse during the marriage which contributed to the increase or decrease in value of any property
13. Any significant disparity between the spouses in relation to the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse to the care and education of the children and the care and management of the home
14. The expectation of any retirement or pension benefits
15. The federal income tax consequences of the court's division of the property
16. Any marital fault if such fault caused the breakdown of the marriage and caused pain and suffering or economic loss
17. The value of any property acquired prior to marriage or exchanged for property acquired prior to marriage
18. The value of any gifts or inheritances
19. Any direct or indirect contribution to the education or career development of the other spouse
20. Any interruption in education or career opportunities to benefit the other's career, the marriage, or any children
21. The social and economic status of each spouse
22. Any other relevant factor

[New Hampshire Revised Statutes Annotated; Chapter 458:16-a].

Alimony and Spousal Support
Either spouse may be ordered to pay support to the other if:

1. The spouse in need lacks sufficient income or property to provide for reasonable needs, taking into account the standard of living during the marriage
2. The spouse to pay is able to meet his or her reasonable needs, taking into account the standard of living during the marriage
3. The spouse in need is unable to support himself or herself at a reasonable standard of living or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not seek employment outside the home

The factors for consideration are:

1. The duration of the marriage
2. The age of the spouses
3. The physical and emotional conditions of the spouses
4. The vocational skills and employability of the spouse seeking support
5. The tax consequences to each spouse
6. The amount and sources of income of the spouses
7. The occupation of the spouses
8. The value of each spouse's property
9. The liabilities and needs of each spouse
10. The opportunity of each for further acquisition of capital assets and income
11. Any marital fault if such fault caused the breakdown of the marriage and caused pain and suffering or economic loss
12. The contribution of each spouse to the acquisition, preservation, or appreciation in value of the marital property, including any non-economic contributions of each spouse to the family unit
13. The social and economic status of each spouse

[New Hampshire Revised Statutes Annotated; Chapter 458:19].

Spouse's Name After Divorce
A spouse's former name may be restored in a divorce.
[New Hampshire Revised Statutes Annotated; Chapter 458:24].

Child Custody After Divorce
Joint legal custody (joint responsibility for all parental rights and decisions, except physical custody) is presumed to be in the best interests of the child unless there has been child abuse by 1 of the parents. Custody is awarded based on a consideration of the following factors:

1. Preference of the child
2. The education of the child
3. Any findings or recommendations of a neutral mediator
4. Any other factors

No preference is given to either parent based on the parent's sex. Repeated and unwarranted interference by a parent with primary custody with the visitation rights of the other parent is a factor in modifying custody arrangements. Stepparents or grandparents may be granted visitation rights.
[New Hampshire Revised Statutes Annotated; Chapter 458:17].

Child Support After Divorce
The court may order reasonable provisions for the support and education of a child. There are specific child support guidelines set out in the statute. There is a presumption that the amount set forth in the guidelines is correct, unless it is shown that the amount is unjust or inappropriate under the particular circumstances of a case. The factors for consideration for adjusting the amount up or down which are specified in the statute are:

1. Any extraordinary medical, dental, or educational expenses of the child
2. A significantly higher or lower income of either parent
3. The economic consequences of the presence of any stepparents, stepchildren, or natural or adopted children
4. Any extraordinary costs associated with physical custody
5. The economic consequences to either parent of the disposition of the marital home
6. Any state or federal tax consequences
7. Any split or shared custody arrangements
8. The costs of providing college educations to any natural or adopted children
9. Any other significant factor. The court may order health insurance coverage as a method of support

There are also provisions for wage assignments and wage withholding to secure the payment of any child support.
[New Hampshire Revised Statutes Annotated; Chapters 458:17, 458:18, and 458-C:1-5].