Divorce papers in New Hampshire — filing for divorce in NH

Online divorce in New Hampshire

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How to get divorce in New Hampshire

Online Divorce provides qualitative and approved by New Hampshire courts divorce papers. The information below may help to understand more about the divorce in New Hampshire. onlinedivorce.com provides quick and inexpensive services of online divorce in New Hampshire.


The key conditions to get a divorce in New Hampshire are
:

1

The marriage should be recognized in the eyes of state law.

2

Either spouse must be domiciled in New Hampshire in the course of a long period prior to filing the claim in court.

3

The grounds for divorce must be pointed out. New Hampshire recognizes both the fault and no-fault. The fault grounds must be proven before the court.

4

In New Hampshire, a divorce can be contested and uncontested. A contested divorce means that the spouses can't reach an agreement about the important terms of their divorce, so there are needed numerous court hearing in order the judge could decide them. If the spouses are able to settle their disputes by themselves a case is considered uncontested. It typically takes less time and money.

5

One of the most important steps is to fill in the New Hampshire divorce papers. State law provides a free access to a different divorce form documents for all types of divorce.

6

Unless the spouses submit the petition together, after filing the Hampshire divorce papers with the court the Petitioner should the other spouse about the beginning of the divorce. This process is called ‘serving the spouse’.

Residency:

To apply for a divorce in New Hampshire, the plaintiff (the spouse who applies for divorce) must be residing in the state for one year before the application is submitted. At the same time, a claim can be filed in the constituency of which the plaintiff is a resident.

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Valid grounds to get divorce in New Hampshire

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Apply for a divorce in the state of New Hampshire can be based on the following fault grounds:

#1

Adultery;

#2

Impotence;

#3

Violence or ill-treatment;

#4

Psychological violence;

#5

The spouse has committed a crime, for which he or she was sentenced for a period of not less than 1 year;

#6

The spouse has alcohol dependence within 2 years;

#7

One of the spouses was absent for 2 years and did not make news of himself / herself;

#8

One of the spouses has entered a sect that does not recognize marital relations, as a result of which the spouse does not cohabit with his/her partner for at least 6 months;

#9

If one of the spouses refused to cohabit with the second spouse for 2 years;

In addition, the state law allows filing for divorce on the basis of a no-fault reason of an irreconcilable disagreement. This no-fault ground for divorce doesn't need to be proven before the court, the testimony is enough. 

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Annulment of the marriage in New Hampshire

Annulment is also a legal process that ends a marriage which is also recognized by the laws of New Hampshire and refers to those marriages that in fact never existed. This means that the marriage was invalid, as it was concluded in violation of the law of the state.

In order to receive an annulment, the one of the following conditions must be met:

  • Bigamy, at the time of the marriage ceremony, one of the spouses already had a marriage with another person who was not dissociated;
  • Spouses are blood relatives to each other;
  • The marriage was fraudulent;
  • Either spouse only married because of serious threats.
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Custody of the child in New Hampshire

Custody of the child

The custody of minors is limited to the distribution of the rights and duties of parents. Before the court is the task to make a decision that will be based on the best interests of the child, so the court will need to carefully analyze the following circumstances:

  • The relationship of the child with the parents and the ability of each parent to assume responsibility in the process of education, as well as the opportunity to give the child love and care;
  • The ability of each parent to provide the child with food, medical care and insurance, education and residence;
  • The ability of each parent to ensure the safety of the child;
  • The ability of each parent to establish warm contact with the child;
  • The possibilities of adapting a child to a new habitat;
  • The ability of parents to cooperate with each other in resolving conflict issues regarding the upbringing of the child;
  • Grounds for divorce.
  • The relationship of the child with people from the close environment of each spouse;
  • Any other factors that the court considers important.

Similarly, when a decision is made regarding custody, the courts ask the parents to attach a parenting plan to their New Hampshire divorce papers, which will contain provisions for the child's visit, the distribution of responsibility between the parents in matters of custody, the notification of the transfer of the spouse, where the child will live and what school will attend, ways of resolving disputes between parents, the cost of moving the child.

Rules for child support in New Hampshire

After the divorce in New Hampshire, both parents are responsible for financial support for the child, and children have the right after the parents' divorce to claim the standard of living to which they are accustomed while the parents were married. The amount of financial support for the child is calculated on the basis of the net income of the parents, after which it is multiplied by the corresponding percentage based on the Flat Percentage Method, which is presented below:

 

1 child

25% of income

 

2 children

33% of income

 

3 children

40% of income

 

4 children or more

45% of income

Uncontested New Hampshire divorce with children
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Rules for spousal support in New Hampshire

Rules for spousal support

During a divorce in New Hampshire, a court may order one of the spouses to pay financial support (alimony) to the second spouse if he is convinced that it is really necessary. Alimony can be either temporary or permanent. The court is guided by the following factors in the decision making on the duration and amount of alimony:

  • How long the marriage lasted;
  • The social and economic status of each spouse;
  • The age, physical and emotional characteristics of each spouse;
  • Profession, as well as sources of income of spouses;
  • Property that the spouses received after the division of property;
  • Assets and liabilities of each spouse;
  • Grounds for divorce;
  • The tax consequences of the award of alimony;
  • The opportunities for each of the parties to seek employment or advance on the career ladder;
  • The needs of each spouse;

The payment of alimony is terminated if the spouse receiving them re-marries

Property division in New Hampshire

Property division

In New Hampshire, courts are governed by the fact that property should be divided fairly, however it does not mean that the division will be equal.

All property, including tangible and intangible assets, property, liabilities, as well as various kinds of benefits and pensions, will be divided, regardless of which of the spouses owns the property.

To take a fair decision to the court, it is necessary to analyze the following factors:

  • How many years the marriage lasted;
  • Employment, professional abilities, economic status, age and health indicators of each spouse;
  • potential employment opportunities for each spouse;
  • The ability of each spouse to have additional income;
  • The need for the parent, who is the guardian, to own the residence of the spouses;
  • The ability of the parent, who is the guardian, to go to work without prejudice to the child;
  • The actions of each spouse during the marriage, which led to the fact that the property was increased or decreased;
  • Any contributions that the spouses made into marriage, including contributions for the upbringing of children;
  • Assistance rendered by one of the spouses towards another in the process of obtaining additional education or work;
  • Any pension payments;
  • The grounds on which a petition for divorce is claimed;
  • The value of property acquired before marriage or property that was acquired through donation;
  • Any other factors that the court considers important;

Divorce without a lawyer in New Hampshire

Cases, when a divorce is made without the participation of a lawyer, are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". A divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it may be rather convenient to initiate the Pro Se Divorce.

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Mediation support in New Hampshire

If the court sees that there is a possibility of reconciliation of the spouses, then it can send them to the mediators. Any spouse can also use the services of mediators if he or she sees that this will help in the case.

Divorce forms in New Hampshire

In the state of New Hampshire, the divorce forms which the spouses may need to fill out, depend on the circumstances of the divorce(for example, whether there are children of the marriage and many other factors).

There are two types of initial divorce petition in New Hampshire. "Joint Petition" form is for the spouses who file for divorce together, and "Individual Petition" is for the sole Petitioners. Sole petitioners also should serve the other parties with the copies of documents, so such a divorce may take a bit more time.

Uncontested divorce in New Hampshire

Uncontested divorce in New Hampshire

New Hampshire law allows couples to get a quick type of a divorce. As in many states, this is an uncontested divorce, which means that the parties agree on the custody of underage children, the hours of attendance with the child and his/her financial support, alimony, property division. Nevertheless, state law has one nuance, even if the spouses do not agree with at least one of the questions, they are still officially allowed to get an uncontested divorce by filing the joint petition.

How to serve divorce papers in New Hampshire

If the spouses don't file a joint petition, the filing spouse is to serve the other. Serving the spouse means to deliver the copies of the divorce paperwork and notify the spouse about the divorce case.
In New Hampshire, there are two allowed ways to deliver the divorce forms package to the respondent:

  • Sending New Hampshire divorce papers by mail;
  • Using the Sheriff service.
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Filing fees for divorce in New Hampshire

The total cost of divorce in New Hampshire may include the court filing fees and cost of using the service of online divorce in New Hampshire. This cost may vary by county.