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New Hampshire
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site is NOT legal advice. It is for educational purposes only. This
information is commonly had in other resources, but we have assembled
it here for you to see all in one place. So come back and view it
as often as you like.
New Hampshire Residency Requirement
According to the New Hampshire Divorce Laws and New Hampshire Divorce
Guidelines, to get divorced in New Hampshire the couple must either:
(1) reside in the state when the action is started
(2) the person starting the divorce resides in New Hampshire for
one year when the respondent is process served in a different state
(3) the person starting the divorce resides in New Hampshire and
the respondent is served with process service within the state.
Place of Divorce (Venue)
The case may be filed in:
County where either spouse resides
New Hampshire Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Irreconcilable differences
Grounds for Fault based 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 for 2 years
(9) living separate and apart without cohabitation for 2 years
(10) mental abuse
NOTE: Regardless of
the reason of the breakdown of the marriage or the reason for filing
for divorce in New Hampshire, the Divorce
Do It Yourself Service will do divorces on an "Agreed" basis or
a “Default” basis.
- An Agreed Divorce
, defined by New Hampshire divorce guidelines and New Hampshire
divorce laws, is a scenario where the spouses agree on the terms
of the divorce such as New Hampshire property distribution, New
Hampshire child support, or New Hampshire child custody. Most
of our clients (75%) prefer the Agreed Divorce method and both
spouses sign the divorce papers and are agreed to the terms of
divorce.
- A Default Divorce
, according to the New Hampshire
divorce guidelines and New Hampshire divorce
laws, is a divorce where the other spouse doesn’t sign the New
Hampshire Divorce forms or New Hampshire divorce papers, he/she
doesn’t do anything at all with the divorce. They simply default
on the case and the spouse who files for divorce gets whatever
was asked for in the original paperwork.
Process to file for Divorce in
New Hampshire
There are only three basic procedural steps to a divorce:
- File New Hampshire Divorce Papers (New
Hampshire Divorce Forms)
- Notify Spouse of your filing for divorce
in New Hampshire
- Attend your New Hampshire divorce hearing
New Hampshire Child Custody
Simple Definitions: (source: New Hampshire divorce guidelines and
New Hampshire divorce laws)
- Visitation is
the plan the spouses have on where the children will live
and when the children will see the other spouse
- Legal Custody
is the decision ability of the parents in the lives of the children.
Such as, where the children will attend school and which church
they will go to.
- Physical Custody
pertains to the place where the children will live and which parent
they live with.
New Hampshire Child Custody in a shared arrangement,
in one form or another, is the preferred method of our New Hampshire
divorce customers. If a sole custody arrangement is to be considered,
then there is usually a reason agreed upon
by both parties that one parent is to have the children. Usually
the financial status of a parent is not to be considered for allocating
any parental rights and responsibilities. Shared Custody or Sole
Child Custody may be awarded according to the best interests of
the child.
New Hampshire Child Support
If the parents are unable to agree to an amount of child support,
there are guidelines that determine the amount of support based
on the New Hampshire Child Support Guidelines. The guideline amount
is presumed to arrive at an amount of support that is in the child's
best interest. But, most divorcing spouses agree to a figure on
their own, that will work just fine. Also, in most situations, -0-
Child Support is OK if both spouses are working and can manage.
Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property
is divided so that both parties agree to the division. The main
concern here is to agree to the property division so that it doesn’t
create a fight that one party will want to go to a New Hampshire
divorce lawyer or divorce attorney to make the case into a Contested
Divorce. Then you will have to incur the fees of a lawyer too.
- Debts Most divorcing
spouses set out who will pay what debts as part of their marital
settlement agreement during the divorce process, and close all
of their joint accounts.
- Alimony (Spousal Support)
In an Uncontested Divorce, Alimony may be awarded to either spouse
for their support and maintenance after the divorce. Both parties
must agree to it. Since most spouses are working, alimony (if
awarded at all), is usually for a shorter period of time, and
smaller amount than in the past. Alimony may be paid in a lump
sum payment of money or a payment plan. Alimony is not required
for a person to get divorced in New Hampshire.
Missing Spouse
If you do not know where your spouse is and cannot locate him/her,
after diligent effort, you may still get a divorce in New Hampshire.
It may involve the extra expense of running a newspaper ad or something
similar. We help you through the process.
Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she
wishes. We include this name change in our service for FREE. Divorce
in New Hampshire often includes a name change.
Court Filing Fees
The Court filing fees are not included in the price of
our service. To file for divorce in New Hampshire, fees must
usually be paid when you file the New Hampshire divorce forms and
New Hampshire divorce papers at your county courthouse. These
fees vary between County to County, so it is best to call them and
ask what the fees are in your County. Regardless of whether
you are going through a divorce service, using a New Hampshire divorce
kit, using a divorce attorney (or divorce lawyer), or doing a nearly
free divorce in New Hampshire, you will almost always be the one
to cover the court fees which is standard procedure.
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