How to Get a Divorce in NH | Divorce Process in New Hampshire

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New Hampshire Divorce Laws

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)

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New Hampshire Common Questions

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 3StepDivorce^TM 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.

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A total of 136 people have started their divorce through 3StepDivorce^TM in the last 24 hours and 1329 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.

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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.

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“ A thousand kudos to you and your professional staff and excellent service. Without your help I would have spent thousands of dollars for no good reason. The documents were prepared without flaw, and my divorce was granted on the terms that were agreed upon without any problems whatsoever. The time frame from initial filing to final decree was less than a month. ”

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Custody & Support Tracker: A scheduling calendar to help you manage custody, visitation and support. Easily track events and generate historical reports for current and future use. A custody management tool like this is highly recommended by courts, judges, and lawyers throughout the U.S..

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Name Change Center: A free Name Change Notification Kit which greatly lessens the hassles of finalizing the name change process with the Social Security Office, your Driver's License, your Passport, and others.

The Divorce Download Center: A collection of over 40 titles, covering the legal, financial and emotional aspects of divorce. The wide selection of invaluable, time-tested, resources at your fingertips.