New Hampshire Divorce Procedures

For initiating a divorce procedure in this state, the following conditions must be fulfilled.

  • The Petitioner must reside in this state and it must be possible to serve the divorce papers to the Respondent in this state
  • The Petitioner must have resided in this state for 1 year
  • Both the divorcing partners must be residing in this state

New Hampshire Divorce Procedures without minor children

It may happen that the divorcing partners do not agree with each other to apply for a divorce. Then, the divorcing partner, who desires a divorce, can file the divorce papers as an individual. Such a Petitioner has to file a Petition for Divorce along with a Personal Data Sheet. Further, the Respondent needs to be notified about such a filing. This notification can take place in one of the following 3 ways.

  • The Petitioner sends the papers by certified mail
  • The Petitioner sends the papers through the Sheriff
  • The Respondent picks up the divorce papers at the court

There are cases wherein both the divorcing partners accede with each other to have a divorce, but may not agree regarding the distribution of property. In such a situation, they can file a Joint Petition for divorce along with a Personal Data Sheet. By filing these papers, the divorcing couple can save their money necessary for formal service of the legal documents.

The other documents that are essential for completion of the divorce are as follows.

  • Final Decree on divorce or legal separation
  • Vital Statistics form
  • Financial Affidavits of both the parties

Some divorcing partners wish for court orders while the divorce procedure is in progress. Such divorcing partners have to request a temporary hearing on the petition. Then it becomes essential that before the temporary hearing, they must file a Temporary Decree on divorce or legal separation.

New Hampshire Divorce Procedures with Minor Children

As explained in the above section, the divorcing partners may file a Petition for divorce or a Joint Petition for divorce. After an individual petition is served or a joint petition is filed, a First Appearance session is scheduled. During such a session, the Judge or Master throws light on the divorce procedure in the court and explains significant points about involvement of the children in the divorce.

The divorcing partners understand important points regarding child support, guardians ad litem, mediation, parenting plans and Child Impact Seminar during the session. At the conclusion of the session, the court decides the date for the next phase of the divorce process.

In order to become successful in the divorce procedure, the following forms are essential.

  • Child Support Guidelines Worksheet
  • Uniform Support Order
  • Final Decree on divorce or legal separation
  • Vital Statistics form
  • Financial Affidavits of both the divorcing partners
  • Parenting Plan
  • Certificate of completion of Child Impact Seminar

The divorcing partner must complete the Request for Certified Copy of Divorce Decree Packet form and send this form to the court in order to procure a certified copy of the divorce and all the related paperwork. In 2009, the court used to charge 15 USD as a process fee regarding this work.

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