See if you Qualify in New-hampshire
Online Divorce provides qualitative and approved by the court New Hampshire divorce papers. The information below will help you understand more about the divorce in New Hampshire. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in New Hampshire. We guarantee that in a short time you will receive the correct New Hampshire divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.
Below you can find common steps of how to get divorce in New Hampshire:
1. As for most states, first of all, your marriage should be recognized in the eyes of state law. This means that the marriage should be legal and was concluded in accordance with the legislature of New Hampshire.
2. You or your spouse, or both of you must be domiciled in New Hampshire in the course of a long period prior to filing the claim in court.
3. You should have grounds for divorce. New Hampshire recognizes both the fault and no-fault. However, if you file on the basis of the fault grounds, then you will have to provide the court with evidence of the wrongful actions of your spouse.
4. Very good if you and your spouse do not have disputes about the key moments of your marriage, since then you have the right to claim for a fast type of divorce in New Hampshire, which is called uncontested. However, even if you do not agree on at least one case, you still have the right for an uncontested divorce, if both spouses want to terminate the marriage and are ready for cooperation. If there are too many disagreements between both of you, then the divorce will be contested and may be delayed for a long period of time.
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. However, be careful not to fill out all of the papers provided, but only those that are appropriate for the circumstances of your marriage. Do not immediately lose yourself in front of many forms approved by law. Online Divorce is ready to help you in completing all the necessary New Hampshire divorce papers. Many couples have found that onlinedivorce.com is a quick and convenient way to get quality papers that will be approved by the court. You will not need to understand the divorce form documents and legislation, Online Divorce will do it for you. You answer some questions about your marriage, and we based on it choose the divorce form documents that fit your circumstances and fill them in accordance with the rules as required by state law. Online Divorce in New Hampshire is a simple and cheap way to get quality New Hampshire divorce papers in a short time.
6. You need to file Hampshire divorce papers with the court and notify your spouse about the beginning of the divorce or what it is called to ‘serve the spouse’. Good if you submit the petition together, then you will not need to serve your spouse.
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.
If you are applying for divorce in another jurisdiction, it will not have legal effect if both spouses were domiciled in New Hampshire at the time of the hearing beginning.
Valid Grounds to get divorce in New Hampshire
Apply for a divorce in the state of New Hampshire can be based on the following fault grounds:
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;
Similarly, state law allows you to file for divorce on the basis of a no-fault reason. In this case, in your New Hampshire divorce papers, you only need to indicate that there has been an irreconcilable disagreement between you and your spouse. In this case, you will not have to prove any of the fault grounds as the reason for the divorce. However, if minor children are involved in the case and the court decides on custody, then you have to provide to the court evidence of unacceptable behavior of the spouse if the receipt of guardianship by that spouse will cause harm to the child.
Annulment 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, you need to have a reason for this for which you can include:
1) bigamy, at the time of the marriage ceremony, one of the spouses already had a marriage with another person who was not dissociated;
2) spouses are blood relatives to each other;
3) the marriage was fraudulent;
4) you or your spouse only married because of serious threats
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:
1) 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;
2) the ability of each parent to provide the child with food, medical care and insurance, education and residence;
3) the ability of each parent to ensure the safety of the child;
4) the ability of each parent to establish warm contact with the child;
5) the possibilities of adapting a child to a new habitat;
6) the ability of parents to cooperate with each other in resolving conflict issues regarding the upbringing of the child;
7) grounds for divorce. If in your New Hampshire divorce papers the reason for the divorce is ill-treatment or that the spouse has committed a crime, then the court can significantly limit the child's contact with your spouse or prohibit them altogether, depending on the severity of the act.
8) the relationship of the child with people from the close environment of each spouse;
9) 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 for divorced 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:
Number of Children Percentage of Net
1 child 25%
2 children 33%
3 children 40%
4 children or more 45%
Financial support for the child continues until he or she reaches the age of 18 or graduates from high school, depending on what comes earlier. Or he/she will marry or become a member of USA armed forces.
Rules for Spousal support for divorced in New Hampshire
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:
1) how long the marriage lasted;
2) the social and economic status of each spouse;
3) the age, physical and emotional characteristics of each spouse;
4) Profession, as well as sources of income of spouses;
5) property that the spouses received after the division of property;
6) assets and liabilities of each spouse;
7) grounds for divorce;
8) the tax consequences of the award of alimony;
9) the opportunities for each of the parties to seek employment or advance on the career ladder;
10) the needs of each spouse;
The payment of alimony is terminated if the spouse receiving them re-marries
Property division for divorced in New Hampshire
If you and your spouse have property acquired in a marriage it will need to be divided. With divorce 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.
First of all, you need to know that what falls under the process of division. All property, including tangible and intangible assets, movable and immovable 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:
1) how many years the marriage lasted;
2) employment, professional abilities, economic status, age and health indicators of each spouse;
3) potential employment opportunities for each spouse;
4) the ability of each spouse to have additional income;
5) the need for the parent, who is the guardian, to own the residence of the spouses;
6) the ability of the parent, who is the guardian, to go to work without prejudice to the child;
7) the actions of each spouse during the marriage, which led to the fact that the property was increased or decreased;
8) any contributions that the spouses made into marriage, including contributions for the upbringing of children;
9) assistance rendered by one of the spouses towards another in the process of obtaining additional education or work;
10) any pension payments;
11) the grounds on which a petition for divorce is claimed;
12) the value of property acquired before marriage or property that was acquired through donation;
13) any other factors that the court considers important;
Divorce without a lawyer in New Hampshire
If you apply for a divorce in New Hampshire, then there is no need to use the services of a lawyer. 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". Depending on which county you live, the process of divorce in the state of New Hampshire can vary. Nevertheless, 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 is very convenient to initiate the Pro Se Divorce.
Mediation Support for divorce 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, there are many different divorce form documents, but not all of them are worth filling out. Your papers will depend on the circumstances of your divorce, for example, if you have underage children, as well as from the county in which you want to sue, some papers that are set in one district may not be accepted in another.
If you file New Hampshire divorce papers with your spouse, then you will need to fill out the "Joint Petition" form, this is one of the fastest ways to get a divorce, since you will not need to notify your spouse by transferring to him or her copies of your papers.
If you file a claim separately from your spouse, then you will need to fill out the "Individual Petition".
Please note that The New Hampshire Judicial Branch has its own website, which provides all the necessary information on the rules of divorce in the state. If you can not choose the divorce form documents you need, or do not know how to fill them, do not worry. You can apply for help to onlinedivorce.com. We will provide you with all the necessary documents that fit your circumstances. Online Divorce is a convenient and cheap way to get your New Hampshire divorce papers filled in accordance with state law. You need to answer some questions that are relevant to your marriage, and Online Divorce will do the rest for you: choose the forms that fit your case, and also fill them qualitatively according to the rules of New Hampshire. Online Divorce gives a 100% guarantee that the divorce form documents filled through our website will be accepted by the court.
Uncontested Divorce in New Hampshire
Divorce can become a lengthy and exhausting process, especially if there are contentious issues between you and your spouse. However, 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 you and your spouse 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 you do not agree with at least one of the questions, you still can get an uncontested divorce. To do this you and your spouse need to file a joint petition, where you will describe the issues with which you agree and with whom do not agree, the judge will decide any of your disputes.
In order to apply for an uncontested divorce in New Hampshire you must meet the criteria for living in the state, one of the following conditions must be fulfilled:
1) Both spouses live in New Hampshire;
2) The plaintiff (the spouse who applies for divorce) lives in the state for at least 1 year before the petition is filed with the court;
3) The plaintiff lives in New Hampshire and can serve his / her spouse within the state;
You should also have grounds for divorce. In your New Hampshire divorce papers, you can indicate that between you and your spouse there are irreconcilable differences and there is no chance for reconciliation. If you specify the fault ground, then most likely your spouse will start to challenge it, which will lead to the fact that you will not be able to get an uncontested divorce and get stuck in court proceedings.
How to Serve Divorce Papers in New Hampshire
If you apply for divorce separately from your spouse, then you must serve him or her, which means that you must provide the spouse with copies of the documents that you filed with the court. New Hampshire makes the process of serving simple enough. When you filed your petition in court, the clerk will send to your spouse a letter informing him or her that you have filed for divorce. If your spouse visits the court, he or she can get copies of all the necessary documents.
If your spouse does not come to court for papers, then your county’s clerk will inform you about this, after which you will have to serve your spouse on your own. You can do this in several ways:
1) Send New Hampshire divorce papers by mail. When your spouse receives a copies, you will get a receipt stating that the spouse has taken the documents, this receipt should be presented to the court as proof that you served the spouse.
2) The district sheriff from the county where your spouse lives, can also give him or her papers personally. After the papers have been transferred, the sheriff will send you a transfer application, which should also be submitted to the court.
Filing Fees for divorce in New Hampshire
Total fees will contain sum of New Hampshire court filing fees and cost of using the service of online divorce in New Hampshire. This cost may vary by county. Please check with your local court officer to determine the exact amount.