Residency Requirements
In order to file for divorce in New Hampshire one of the three following conditions should be met:
- both parties must live in New Hampshire, or;
- the Petitioner must have lived in the state for one year; or
- the Petitioner lives in New Hampshire and their spouse can be served the divorce papers in New Hampshire.
Fill Out your Forms
When getting a divorce you must file certain documents as required by the Court. If the parties agree on all matters of the divorce, they can file for Joint Petition. Most of the following forms are available through the New Hampshire Judicial Branch website.
To start the divorce action, the filing partner should complete the Petition for Divorce. The Petition details the couple's eligibility for divorce in New Hampshire and the reason for divorce, along with any other matters you want the Court to decide. If both parties are in agreement about obtaining a divorce, they should file the Joint Petition for Divorce, which will save the cost of formal service of the divorce papers. The parties do not have to be in agreement about the division of property and debts.
Other forms to be filed by all couples seeking a divorce in New Hampshire include:
- Personal Data Sheet
- Financial Affidavits
- Vital Statistics Form
- Final Decree of Divorce
Couples with children should complete the additional forms:
- Certificate of Completion of Child Impact Seminar
- Parenting Plan
- Uniform Support Order
- Child Support Guidelines Worksheet
If both parties are in agreement regarding their divorce they should complete a Divorce Settlement Agreement. You can use Rocket Lawyer's easy interview process to complete this agreement, which outlines the terms of the division of property, assets and debts in your divorce. Completing this document will help you avoid the cost and time involved in going to trial but is contingent on the parties being in agreement.
Make Copies of your Forms
Once you have filled out the appropriate forms, make at least two copies of each. One set will be filed with your Court Clerk's Office, and one should be kept for your records.
Bring your Completed Forms to your Court Clerk's Office and Pay the Fee
Proceed to your Court Clerk's Office with the originals and copies of your forms. If everything is in order, the clerk will use the original forms and ask you to pay a fee to file. Additional forms will be required as the divorce proceeding works its way through the system. You will need to stay in touch with the County Clerk to ensure no deadlines are missed.
Additional Assistance
You can use Rocket Lawyer to Consult a Legal Pro who can provide you with further assistance in completing your divorce.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.
