When facing the difficult and emotional process of filing for divorce in New Hampshire (NH), knowing the correct steps can help ease some of the stress. Here is a comprehensive guide to filing divorce paperwork in NH, designed to help you through this challenging time with a clear understanding of what needs to be done.
Step 1: Understand NH Divorce Grounds
Before you dive into the filing process, it’s crucial to understand the grounds for divorce in NH. New Hampshire law recognizes both fault-based and no-fault divorces:
- No-Fault: Irreconcilable differences.
- Fault-Based: Adultery, imprisonment after marriage, extreme cruelty, desertion for two years, and habitual intoxication.
Choosing the right grounds can affect the proceedings, so select with care.
Step 2: Prepare Necessary Documents
Here’s what you’ll need to gather:
- Complaint: This document officially asks the court for a divorce.
- Financial Affidavit: Details your financial situation.
- Parenting Plan: If you have children, this outlines custody and visitation schedules.
- Marital Property Inventory: A comprehensive list of all marital assets and debts.
- Permanent Orders: Proposals for how property and support should be divided after divorce.
Step 3: File the Documents
The next step is to physically file these documents at the court:
- Go to the family court in your area.
- Submit the required forms, providing the number of copies needed, usually three.
- Pay the filing fee, which varies by county but expect around 250-300.
If unable to pay, ask about fee waivers.
📝 Note: Ensure you retain a copy of all filed documents for your records.
| Document | Description |
|---|---|
| Complaint for Divorce | The formal request to the court for a divorce |
| Financial Affidavit | A detailed statement of income, expenses, and assets |
| Parenting Plan | A proposed agreement for custody, visitation, and child support if applicable |
| Marital Property Inventory | A list of all assets and debts accumulated during marriage |
| Permanent Orders | Proposals for how property and support should be divided permanently |
Step 4: Serve Your Spouse
After filing, you must serve your spouse with the paperwork. You can:
- Have a sheriff or constable serve the papers for a fee.
- Use certified mail, restricted delivery, where only your spouse can sign for it.
Step 5: Attend Hearings and Finalize Divorce
Once the papers are served:
- Wait for your spouse’s response or proceed with an uncontested divorce if they do not reply within 30 days.
- Attend a final hearing where the judge will finalize the divorce, discussing property division, child custody, and any alimony or support.
The journey to finalizing a divorce is often fraught with emotional complexities, but by following these structured steps, you can manage the process with more clarity. It's always advisable to seek legal counsel, particularly in more contested cases, to ensure your rights are protected.
In the end, understanding New Hampshire's specific divorce requirements, diligently preparing your documents, filing correctly, serving your spouse appropriately, and participating in all necessary court hearings are essential. Each step you take brings you closer to a new beginning, providing structure and peace of mind during this life-changing time.
How long does it take to get a divorce in NH?
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The duration of the divorce process in New Hampshire can vary. For an uncontested divorce, it might take as little as a few weeks if all issues are agreed upon, but contested cases can extend to several months or longer.
Do I need a lawyer to file for divorce in NH?
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While not legally required, having an attorney is beneficial especially in complex or contested cases to ensure your rights are protected.
What if my spouse refuses to sign the divorce papers?
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If your spouse does not respond within 30 days, you can proceed with a default divorce, and the court may grant the divorce based on your claims.
