Our 3StepDivorceTM Online Divorce for New Hampshire is offered with a peace-of-mind 100% guarantee.
We offer a 100% guarantee that the documents provided will be accepted by the New Hampshire courts to finalize your divorce.
In the event that the documents provided are not accepted by the New Hampshire court due to the fault of 3StepDivorceTM, you will be provided a 100% refund (with no handling fee).
Our support staff will always give each individual customer personal attention should they have difficulty. We have both e-mail and phone support. This being said, prior to issuing a refund, we reserve the right to meet any courts requests regarding changes to the documents.
New Hampshire Residency Requirements
In order to file for a divorce, the parties must: I. both be residents of the state and the filing spouse must be a resident for a least 1 year prior to filing or; the grounds must have occurred in the state and one of the spouses must be a resident for at least 1 year prior to filing. The divorce shall be filed in the county in which either spouse resides. (New Hampshire Statutes - Chapters: 458:5, 458:6, 458:9)
New Hampshire Divorce Grounds:
Irreconcilable differences which have caused the irremediable breakdown of the marriage. (New Hampshire Statutes - Chapters: 458:7, 458:26)
New Hampshire Property and Debt Division
The court shall presume that an equal division is an equitable distribution of property, unless the court decides that an equal division would not be appropriate. The court will consider the following factors: (1) The duration of the marriage. (2) The age, health, social or economic status, occupation, vocational skills, employability, separate property, amount and sources of income, needs and liabilities of each party. (3) The opportunity of each party for future acquisition of capital assets and income. (4) The ability of the custodial parent, if any, to engage in gainful employment without substantially interfering with the interests of any minor children in the custody of said party. (5) The need of the custodial parent, if any, to occupy or own the marital residence and to use or own its household effects. (6) The actions of either party during the marriage which contributed to the growth or diminution in value of property owned by either or both of the parties. (7) Significant disparity between the parties in relation to contributions to the marriage, including contributions to the care and education of the children and the care and management of the home. (8) Any direct or indirect contribution made by one party to help educate or develop the career or employability of the other party (9) The expectation of pension or retirement rights acquired prior to or during the marriage. (10) The tax consequences for each party. (k) The value of property that is allocated by a valid prenuptial contract made in good faith by the parties. (11) The fault of either party a if said fault caused the breakdown of the marriage and: (12) The value of any property acquired prior to the marriage and property acquired in exchange for property acquired prior to the marriage. (13) The value of any property acquired by gift, devise, or descent. (14) Any other factor that the court deems relevant. (New Hampshire Statutes - Chapters: 458:16)
New Hampshire Spousal Support, Maintenance, or Alimony:
In determining the amount of alimony to award, the court shall consider the: 1. length of the marriage; 2. the age, 3. health, social or economic status, 4. occupation, 5. amount and sources of income, 6. the property awarded, 7. vocational skills, 8. employability, estate, liabilities, and needs of each of the parties, 10. the opportunity of each for future acquisition of capital assets and income, 11. the fault of either party, 12. the Federal Tax consequences of the order. In determining amount and sources of income, the court shall not consider a minor child's social security benefit payments or a second or subsequent spouse's income. The court may consider veterans' disability benefits collected by either or both parties to the extent permitted by federal law. The court may also consider the contribution of each of the parties in the acquisition, preservation, or appreciation in value of their respective estates and the noneconomic contribution of each of the parties to the family unit.
New Hampshire Custody and Visitation:
In determining a child custody arrangement, the court shall be guided by the best interests of the child, and shall consider the following factors: (1) The relationship of the child with each parent and the ability of each parent to provide the child with nurture, love, affection, and guidance. (2) The ability of each parent to assure that the child receives adequate food, clothing, shelter, medical care, and a safe environment. (3) The child's developmental needs and the ability of each parent to meet them, both in the present and in the future. (d) The quality of the child's adjustment to the child's school and community and the potential effect of any change. (4) The ability and disposition of each parent to foster a positive relationship (5) The support of each parent for the child's contact with the other parent as shown by allowing and promoting such contact. (6) The support of each parent for the child's relationship with the other parent. (7) The relationship of the child with any other person who may significantly affect the child. (8) The ability of the parents to communicate, cooperate with each other, and make joint decisions concerning the children. (9) Any evidence of abuse, and the impact of the abuse on the child (10) If a parent is incarcerated, the reason for and the length of the incarceration, and any unique issues that arise as a result of incarceration. (11) Any other additional factors the court deems relevant. (New Hampshire Statutes - Chapters: 458:17)
New Hampshire Child Support:
The court will consider deviating from these guidelines after examining the following factors: (1) Ongoing extraordinary medical, dental or education expenses, including expenses related to the special needs of a child, incurred on behalf of the involved children; (2) Significantly high or low income of the obligee or obligor; (3) The economic consequences of the presence of stepparents, step-children or natural or adopted children; (4) Reasonable expenses incurred by the obligor parent in exercising parental rights and responsibilities, provided that the reasonable expenses incurred by the obligee parent for the minor children can be met regardless of such adjustment; (5) The economic consequences to either party of the disposition of a marital home made for the benefit of the child; (6) The opportunity to optimize both parties' after-tax income by taking into account Federal Tax consequences of an order of support; (7) State tax obligations; (8) Parenting schedule; (9) The economic consequences to either party of providing for the voluntary or court-ordered postsecondary educational expenses of a natural or adopted child; (10) Other special circumstances found by the court to avoid an unreasonably low or confiscatory support order, taking all relevant circumstances into consideration. (New Hampshire Statutes - Chapters: 458:17, 458:18)
How Do I Know if I Should File in New Hampshire?
One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.
If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state.
If you are in the military and are stationed overseas, you would typically file in your home residency state.
Can I Use 3StepDivorceTM if I Have Children?
Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.
How Much Are the New Hampshire Filing and/or Court Fees?
The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.
How Long Will the Process Take in New Hampshire?
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
Should I File or Should My Spouse File?
As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.
Where and How Do I File My Documents?
The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.
Can I Mail or Fax My Documents to the Clerk?
Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.
Do I Have to Go to Court in New Hampshire?
Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.
Do I Have to Also Hire a Lawyer?
3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.
Will My Name Also Be Changed?
The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.
When is the Divorce Actually Finalized in New Hampshire?
The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.
New Hampshire Forms: Our question and answer technology will allow you to easily complete your New Hampshire divorce forms for an uncontested divorce. Our goal is to give you full control and make "doing your own divorce", fast, easy, and affordable.New Hampshire Divorce Forms List
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A total of 93 people have started their divorce through 3StepDivorceTM in the last 24 hours and 920 in the last 10 days. The streamlined and user-friendly process, instant document delivery, and unlimited free support makes us the go-to solution to do your own divorce. Our simple and inexpensive process provides you with all your completed divorce papers in as little as 20 minutes. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times.
This easy to use online divorce is a "do it yourself (without a lawyer)"
solution for any uncontested divorce (with or without children) that
will be filed in the state of New Hampshire. An uncontested divorce is
one in which you and your spouse are in agreement and eliminates the
stress and expense of settling your divorce in court.
With 3StepDivorceTM you can complete and print your NH divorce forms (including a marital settlement agreement) instantly. Then, follow our step-by-step filing procedures to file your own divorce in a timely, professional, and hassle free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy. If you're not ready to file for divorce in NH, learn more about getting your Separation Agreement or learn more about the basics of divorce in New Hampshire and how to do your own divorce in New Hampshire . Also, If you have any questions try visiting our New Hampshire Divorce Online Help Center .
Filing for divorce can seem overwhelming. Like starting almost any other legal proceeding, it takes finding the right forms, filling out the forms properly, and understanding the court’s requirements for the next steps you’ll need to take.
Traditionally, most people have hired a lawyer to take care of all the legal matters in their divorce. But more and more couples are turning to a much cheaper option that’s still easier than figuring out everything on their own: filing for divorce online.
If you want to know more, read on for answers to some of the most common questions about online divorce in New Hampshire
New Hampshire 3StepDivorce™ takes care of the divorce paperwork for you. Once you sign up for the service, you’ll answer some questions about your situation. Based on your responses to the questionnaire, New Hampshire 3StepDivorce™ will fill out the forms the state requires to start the divorce process, along with instructions for adding any further information that’s needed. You’ll be able to print out the forms yourself immediately or, if you prefer, get hard copies by mail.
New Hampshire has two basic requirements to file for divorce in the state: a residency requirement, and a legally recognized reason (“grounds”) for ending your marriage.
A court in New Hampshire can decide your divorce case only if one of the following situations applies:
(N.H. Rev. Stat. § 458:5 (2022).)
New Hampshire allows both “no-fault” and “fault-based” divorces. A no-fault divorce is one in which the court doesn’t require either spouse to prove that the other committed the bad act that caused the marriage to end. In a fault-based divorce, one or both of the spouses must show that the other’s actions caused the marriage to fail.
Most divorcing couples in New Hampshire choose to file a no-fault divorce: No-fault divorces reach resolution faster than fault-based because the spouses don’t have to argue about or prove who was responsible for the divorce. To get a no-fault divorce in New Hampshire, you simply must state in your petition that you and your spouse have “irreconcilable differences” that have caused the breakdown of the marriage. (N.H. Rev. Stat. § 458:7-a (2022).)
New Hampshire also has many fault-based grounds for divorce, such as impotence, adultery, and extreme cruelty. (N.H. Rev. Stat. § 458:7 (2022).) Fault-based divorces are often more contentious, more expensive, and last longer than no-fault divorces, so most people who file a fault-based divorce in New Hampshire decide to hire a lawyer.
New Hampshire 3StepDivorce™ currently provides services only for couples who are getting divorced based on irreconcilable differences.
Many New Hampshire residents are finding that they can file for divorce and get through the process without the expense of hiring a lawyer if they’re filing for an “uncontested divorce” in the state. That means that they’ve agreed with each other about all of the legal issues in their divorce, including:
If you still have disagreements with your spouse about these or any other issues involved in ending your marriage, you’ll have to file for a traditional, contested divorce. Because that will involve legal battles and presenting evidence and arguments at court hearings, it would be risky to pursue a contested divorce without a lawyer to navigate the process for you—especially if your spouse has an attorney.
You may use New Hampshire 3StepDivorce™ as long as you have an uncontested divorce and meet the state’s residency requirement. You’ll need to have a written marital settlement agreement, signed by both you and your spouse, that covers all of the issues in your divorce. New Hampshire 3StepDivorce™ will guide you through the process of creating this agreement, based on your answers to the questionnaire.
New Hampshire 3StepDivorce™ can also help if you aren’t ready to file for divorce, but you want a separation agreement with your spouse. For instance, you might want to work out arrangements for support, custody of your children, who has to move out of the family home, and how to take care of the bills while you’re separated but still legally married.
Just because you haven’t been able to agree with your spouse about everything in your divorce, that doesn’t necessarily mean that you have to go through an expensive and time-consuming contested divorce. You could try divorce mediation. If you’re able to resolve your disagreements with the mediator’s help, you can then use New Hampshire 3StepDivorce™ to prepare the written settlement agreement, along with the other divorce paperwork.
Generally, you can use New Hampshire 3StepDivorce™ even when you have minor children with your spouse, as long as you agree on all of the issues related to your kids, including legal and physical custody, a parenting (visitation) schedule, child support, health and dental insurance, and tax deductions. New Hampshire 3StepDivorce™ will allow you to address these issues in your settlement agreement. We provide a standard parenting schedule, but you’ll have an option of customizing the schedule to meet your individual needs.
However, you won’t be able to address custody-related issues with New Hampshire 3StepDivorce™ if the affected child or children don’t meet the “home state” requirement. Usually, that means the child must have lived in New Hampshire with a parent (or a parent figure) during the entire six-month period before you file for divorce (or since birth if the child is younger than six months old). (N.H. Rev. Stat. § 458-A:12 (2022).) If you don’t meet the six-month rule, you should speak with an attorney to find out whether you might qualify for one of the complicated exceptions to this rule.
In New Hampshire, both parents have an obligation to support their children. And like all states, New Hampshire has child support guidelines for calculating how much support the parents should pay, based largely on their incomes and custody arrangements.
3StepDivorce™ provides the New Hampshire Child Support Guideline Worksheets, so you can easily calculate the state's guideline level of support. You and your spouse may agree to an amount of child support that differs from the guideline amount, but the judge will need to review and approve your agreement. New Hampshire law requires that any time the amount of child support deviates from the guideline, the judge must find that applying the guideline would be “unjust or inappropriate” under the circumstances.
In your settlement agreement, you and your spouse may include child support provisions that aren’t legally required, such as a parent’s contributions to private school tuition or the cost of a child’s college education. You may also agree on some specific questions like which parent will claim the children as dependents on tax returns.
After your divorce in New Hampshire is final, you (or your spouse) may request a change in the amount of child support, but you’ll need to show that your circumstances have changed significantly. The judge will review your request based on the same legal requirements for an original child support order.
If you want to save the time and expense of a court battle over a request to modify child support, you and your spouse may agree to a modification on your own. As a general rule, you’ll need to submit your agreement to a judge or child support agency.
The New Hampshire Department of Health and Human Services’ Bureau of Child Support Services (BCSS) enforces child support orders, and has a wealth of information about child support on its website. However, child support modifications can be processed only by the courts. BCSS has published a helpful guide on how to modify your child support order.
When you fill out your questionnaire for New Hampshire 3StepDivorce™, you’ll answer a series of questions about your separate and marital property and debts, including how you’ll divide your marital property and allocate responsibility for payment of the marital debts.
If you own a home with your spouse, your agreement can spell out what will happen to it when you get divorced. Here again, the questionnaire will include a few questions about the property and how you’ve chosen to deal with it, such as:
In your New Hampshire 3StepDivorce™, you may also agree on whether and how you’ll divide any retirement accounts that you and your spouse have, including 401(k)s, individual retirement accounts (IRAs), and defined-benefit pensions.
If you started contributing to the retirement plan before you were married, you’ll start by figuring out how much of its current value is marital property and how much is your separate property. There are experts and firms that will do this for you (for a fee, of course). The service is usually known as a pension appraisal or valuation. You’ll almost always need this kind of expert help when you’re dealing with a defined-benefit pension.
Once you know the marital value of your work-related retirement accounts, the easiest way to handle the division of the assets is not to split them but to transfer other assets as an offset. Here’s how that works: Say you have a 401(k) through your job, and the marital portion of the account is worth $100,000. If you and your spouse agree to divide that portion down the middle, and you have other marital assets to divide (such as a regular savings account), your spouse could receive an extra $50,000 from those assets while you keep the entire 401(k). That way, you don’t have to hire another expert to prepare the kind of special order that’s needed to tell the 401(k) administrator how to divide the account.
The rules are different for IRAs. You may simply agree to have your spouse’s share transferred to another IRA account in that spouse’s name. (You’ll have to submit a special form to the bank, along with a copy of your divorce decree.)
You and your spouse may waive any right to alimony in your New Hampshire divorce, or you may agree on the specifics of alimony payments: who will pay, how much, and for how long. Your agreement may also state whether a court could modify alimony at any time in the future, and it could cover related issues like health insurance and life insurance.
When you get your completed forms with New Hampshire 3StepDivorce™, your next step will be to file the paperwork in the Circuit Court in the county where either you or your spouse lives. If the Circuit Court in your county has a Family Division, you will file there. See the New Hampshire Judicial Branch’s Find a Court site to determine the best court for filing your divorce.
The filing fee in New Hampshire for a divorce without minor children is $250. For a divorce with minor children, the fee is $252. You will also need to pay a $25 fee to request new orders of notice (including a summons). (“Orders of notice” are orders from the court that apply to both you and your spouse after the divorce is filed. They contain instructions for how to serve your spouse with the court paperwork.)
If you can’t afford to pay the divorce filing fee, you can file a Motion to Waive Filing Fees. If the court grants your motion, you won’t have to pay the filing fees or service fees for your divorce. You will have to provide the court with a sworn financial statement with your motion.
Unlike some states, New Hampshire doesn’t have a “waiting period” between when you file your divorce and when the court can start processing it. New Hampshire courts can begin processing divorce cases as soon as the time has passed for the non-filing spouse to respond to the petition. This means that your uncontested divorce will be complete as soon as the court has capacity to finalize it.
New Hampshire 3StepDivorce™ provides unlimited, live, person-to-person support for customers. If you have any questions about how uncontested divorce works, call our New Hampshire Divorce Online Help Center at (888) 665-6782 (toll free), Monday through Friday from 8 am to 5 pm (Pacific Time).
Please keep in mind that we are not lawyers and so cannot give out legal advice. If you have questions about New Hampshire law or need legal advice, we recommend that you contact an experienced family law attorney in your area.
3StepDivorce TM is a premium online divorce solution, a sister company of Divorce Source, the owner and operator of the Divorce Source Network, the web's largest and most visited online divorce resource since 1997.
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