Filing for divorce in New Hampshire can be full of challenges, stress, and emotional turmoil. Divorces generally expect couples to come to decisions about major things such as property division, parenting time schedules, spousal support, and more while grappling with hurt feelings and intense emotions. Attempting to navigate these decisions while also maintaining mental health in divorce can be incredibly difficult.
However, it does not have to be. Depending on the nature of the divorce and other factors, the divorce process can be simplified if couples are willing to collaborate and find mutually agreeable solutions to disputes. Additionally, for those wondering how to file for divorce, the paperwork and documents required for divorce in New Hampshire are generally easier and less expensive to file if both spouses are cooperating and communicating.
For those wondering how to file for divorce in New Hampshire, a skilled divorce attorney from Naro Law may be able to evaluate a case and provide insight into how to move forward. Consider speaking with one of Naro Law’s experienced New Hampshire divorce attorneys today by calling the office at (603) 212-9480 for details.
Residency Requirements For Divorce
The first thing to consider when asking how to file for divorce is whether or not one is eligible. Generally, most states have few restrictions on who can file for divorce, but many institute a residency requirement to prevent unethical behavior. New Hampshire is no different.
Pursuant to RSA 458:5 a person can file for divorce in New Hampshire if:
“I. Where both parties were domiciled in the state when the action was commenced.
II. Where the plaintiff was so domiciled and the defendant was personally served with process within the state.
III. Where the plaintiff was domiciled in the state for one year next preceding the time when the action was commenced.
Where the domiciled plaintiff has filed a petition, the non-domiciled defendant may have affirmative relief upon filing a cross petition.”
Both parties must live in New Hampshire or have lived in New Hampshire at the time that the divorce papers were served, or the petitioner must have lived in New Hampshire for at least one year.
While proof of residency may not be stringent depending on the court in question, having invalid proof of residency could damage a divorce case and lead to the decision being overturned. Ensuring compliance with residency standards could help protect a New Hampshire divorce case.
Types of Divorce in New Hampshire
Additionally, there are several different types of divorce in New Hampshire, each of which may have a distinct impact on the outcome of the divorce. Understanding these various types of divorce could help divorcees have clarity on which steps to take and what may be most beneficial for them individually.
No-Fault Divorce
In New Hampshire, couples are allowed to pursue a divorce for “irreconcilable differences,” which means that divorce is an option even when marital misconduct is not present. Spouses may file jointly for a no-fault divorce, or a petitioner could serve the other spouse with divorce papers.
At-Fault Divorce
There are several grounds for fault divorces in New Hampshire. These include adultery, extreme cruelty, habitual substance abuse over two years, abandonment for two years, refusal to cohabit for two years, refusal to cohabit due to joining a religious sect that does not approve of marriage for six months, incurable impotence that has existed since the beginning of the marriage, or any other treatment that harms or endangers a spouse. At-fault divorces may influence factors such as property division, child support, spousal support (AKA alimony), and parenting time.
Contested Divorce
Another factor that can influence the outcomes of a divorce is whether the divorce is contested. Contested divorces arise when spouses are unable to come to a mutual agreement on a marriage settlement. If matters such as property division, parenting time, spousal support, or others are too contentious for spouses to resolve out of court, the divorce may be contested. This generally requires a significantly greater investment in both time and money to resolve.
Uncontested Divorce
However, uncontested divorces are generally much more simple. An uncontested divorce means that both parties can settle on matters without the ruling of a judge, which shortens the process drastically. Coming into a divorce with a completed marriage settlement means that the judge can simply affirm the documents and issue a divorce decree.
For more information on how to file for divorce in New Hampshire, consider speaking with a skilled New Hampshire divorce lawyer from Naro Law.
Filing for Divorce
When it comes down to the details of how to file for divorce, the process may be affected by the various types of divorce listed above. However, there are some straightforward steps that most couples can follow to file for divorce in New Hampshire.
Preparing Documents
Once the petitioner understands which type of divorce is most likely at play, they can then file for divorce with the local court. This will require either a Petition for Divorce or a Joint Petition for Divorce. Both are valid ways to initiate a divorce, but a petition for divorce will require additional fees to serve to the respondent. Along with these, the petitioner must also file a personal data sheet. Generally, the petitioner will also be the one to file a Vital Statistics form which is required in all divorce cases. If there are children involved, additional forms are required, such as a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) affidavit. Once this is completed, the divorce is in progress.
Filing and Serving Divorce Papers
If the petitioner is filing a petition for divorce instead of a joint petition for divorce, then the papers must be served to the respondent. This gives the respondent a window of time to make their intentions known and appear in court. In the meantime, there are several forms that the courts may require to complete the divorce, which may depend on the presence of minor children from the marriage. Understanding which forms to file and when can help accelerate the process and avoid delays.
Setting Court Dates
Once the petition is filed and served, the court will schedule a First Appearance. First Appearance in New Hampshire divorce cases are not attended by attorneys, but rather are a session where the parties are informed about the procedure of their case. If they have children and domestic violence is not present, mediation will be ordered. If domestic violence is present, the First Appearance may be held separately for each party. The parties will also be informed that if they have children, regardless of whether domestic violence is present, they will have to attend the Child Impact Seminar.
After First Appearance, if the parties do not engage in mediation, the court will schedule a Temporary Hearing and Scheduling Conference. At the Temporary Hearing, generally 30-minutes long, the court will decide things such as who gets to live in the marital home pending final resolution of the divorce, who is responsible for certain debts and bills, whether temporary alimony or child support is required, and what parental rights and responsibilities will be pending a final resolution to the matter.
Divorce Hearing
If the divorce is uncontested, a divorce hearing will generally be a simple matter of the judge affirming the prepared documents and issuing a divorce decree. In such cases, the parties can generally waive their appearance in court. However, a contested divorce hearing may last longer and require much more preparation. Leading up to the Final Hearing will be discovery of financial and other relevant information between the parties, which may include the exchange of mandatory and non-mandatory financial records, depositions, interrogatories, and other methods of information collection. . There may also be hearings on discovery when a party contests a request for information. Leading up to the Final hearing, the court will also hold a Pre-Trial Conference to flush out the issues in dispute, scheduling and other issues related to the case. A skilled divorce attorney from Naro Law may be able to help with these issues, as well as representation in court.
Speak with a New Hampshire Divorce Lawyer Today
Divorce does not need to be a complicated and emotionally draining process. Understanding the relevant state laws and knowing the process can help remove unnecessary hurdles and avoid stressful situations. A skilled New Hampshire divorce attorney from Naro Law could help you understand how to file for divorce, so consider calling the office today at (603) 212-9480.
