Call Us - 1-800-680-9052 How it Works (Short Video) START NOW
Court
Approval
or Your
Money
Back
A Simple Divorce Process
Step 1 See if you qualify & create account!
Step 2 Answer the questions at your own pace.
Step 3 Print, sign and file your divorce forms with your local court (instantly review & print your forms online or have them sent US Priority Mail at no additional charge).

START HERE

Only $299 (flat-fee)

or 2 monthly payments of $157
or 3 monthly payments of $109
or 4 monthly payments of $84
Payment Options Do Not Delay Divorce
Instant Delivery - Instant Changes
100% Guarantee of Court Approval
or Your Money Back
Watch Video Read Reviews Is This Your 1st Divorce? Is It For You? Demo

DO IT YOURSELF DIVORCE IN NEW HAMPSHIRE

Filing your own divorce in New Hampshire is very common, especially when you and your spouse agree and are both willing to work together to finalize the divorce. Cooperation in a divorce makes it a much smoother and less expensive experience. Almost all divorces in New Hampshire that are filed without a lawyer are uncontested divorces, one in which you and your spouse both agree on all the issues related to dissolving your marriage.

New Hampshire Divorce Grounds

The grounds for divorce in New Hampshire fall into two categories: no-fault and fault. The no-fault category means that the parties have irreconcilable differences, which have caused the irremediable breakdown of the marriage. The fault categories allege Impotence, adultery, extreme cruelty, imprisonment for more than one year, injury or endangerment, desertion for up to two years together, habitual drinking, and refusal to cohabit with the other for six months.

When filing a Petition for Divorce, the grounds for the request must be listed in order for the case to be filed with the county clerk.

New Hampshire Residency Rules for Divorce

Both spouses must reside in the state for at least one year. If, however, one of the spouses has not been a resident for one year and the other has, and the cause for the divorce happened in the state, then the court recognizes the residency. Spouses who reside in different counties may file in either one of the counties.

New Hampshire Divorce Process

When both spouses agree to divorce in New Hampshire, they can use the Joint Petition for Divorce.

New Hampshire online divorce process To begin, the spouses do not need to agree on all the terms and conditions of the divorce; they just need to agree to start the process. They sign the Joint Petition before a notary public or justice of the peace, which lists the the parties as co-petitioners.

A spouse can file an individual Petition for Divorce if desired. In this situation, the spouse starting the divorce is called the petitioner; the other spouse is the respondent.

When the court receives divorce papers, the court clerk's office sends the respondent a letter saying that the divorce has been filed, and he or she can pick up a copy of the divorce Petition at the court. This step is not needed for the Joint Petition because both spouses are aware of the divorce at the time of filling. If the respondent does not pick up the papers, the court clerk sends the petitioner two copies of the divorce papers, both of which have the court's embedded seal. One copy is the service copy; the other, the return copy.

As part of the paperwork, the respondent receives an Appearance form, which he or she completes, returning the original to the court and a copy to the spouse. Without an Appearance, the court assumes the respondent does not want to participate in the divorce, and it may make decisions about property, children, child support and alimony without the respondent's participation.

Filing an answer is not required, but if the respondent disagrees with any statements in the divorce Petition, he or she writes an answer and mails it to the court with a copy to the petitioner. In the Answer, the respondent responds to the Petition and may contest the allegations in the Petition, and argue for favorable decisions regarding issues like child support, parenting rights or alimony.

When there are minor children, the court requires both spouses to attend what is termed a "first appearance," which is normally within 30 days of the filing. The court normally hands down the final Decree within 30 days after the first appearance.

When the court believes there is a chance for reconciliation, it can require that the couple seek marriage counseling. Since each case is handled according to its own unique scenario, there is no set length defined for the counseling sessions. Here is more information regarding the process of filing uncontested divorce papers in New Hampshire.

The documents required to complete a divorce may vary from case to case. The Petition For Divorce and Divorce Decree are standard and always required. Additional documents that may be requested deal with marital assets, finances, personal statistics and a notice of hearing if the case is to be heard by the court. Learn the best ways to save money when doing your own divorce in New Hampshire.

Do It Yourself Online Divorce in New Hampshire

Our online divorce makes it easy to file your own divorce in New Hampshire. In as little as 20 minutes you can have all your completed divorce forms and filing instructions ready for signing and filing. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times. See if you qualify below:

New Hampshire Property Division

New Hampshire is an equitable distribution state, and an all property state. All property in the marriage is considered for division and distribution. The increase in the value of property is also marital.

The New Hampshire court determines what is fair regarding marital property and alimony. Determining factors include the length of the marriage, the education of both parties, and the ability for both to support themselves, sources of income, and the actions of either party that led to the divorce. Issues surrounding alimony or spousal support are viewed solely on a case-by-case basis in New Hampshire, so it is a good idea for the couple to come to an agreement and then file it with the court.

The courts generally accept a fair and reasonable property division the parties agree to, but if the spouses cannot agree, the New Hampshire Court divides the marital estate within the Judgment of Divorce (Final Decree).

When the parties are unable to reach a settlement, the Superior Court assigns a monetary value to the marital property and debt, and distributes the marital assets between the two parties in an equitable fashion. Equitable does not mean equal, or even half, but rather what the Superior Court considers fair.

The court classifies assets and liabilities, property and debt, as marital or separate. Then it assigns a monetary value to the marital property and debt. Finally, it distributes the marital assets between the two parties in an equitable fashion.

After the court classifies assets as marital or separate, it considers the contribution each spouse made toward the marital estate; the current and future economic status of the spouses; the duration of the marriage; and the custody arrangements of minor children.

As in other jurisdictions, divorcing couples normally sell the marital home and divide the profits, or sell the home to one party and refinance, or the custodial parent occupies the house until the last child leaves school and then sell it.

The court may include the retirement benefits and plans earned by both spouses as marital assets available for division. Retirement plans are either Defined Contribution Plans (DC), such as a 401(k), or Defined Benefit Plans (DB), which is the company pension. Several different methods of valuation are used in determining how much a marital asset is worth. Courts generally accept the value when the spouses mutually agree on a value of a particular asset. That part of a pension accumulated during a marriage is community property and subject to distribution. When spouses share in each other's pension plan, a Qualified Domestic Relations Order (QDRO) must be prepared. The QDRO spells out the terms and conditions of the pension distribution.

New Hampshire Alimony and Spousal Support

In New Hampshire courts award alimony when a needy spouse lacks the income or property for his or her reasonable needs and the other spouse can pay; and "the spouse is the custodian of a child whose condition or circumstances make it appropriate that the custodian not seek employment outside the home."

Courts view Issues surrounding alimony or spousal support are viewed solely on a case-by-case basis in New Hampshire. Alimony influences the distribution of property, and it can become intricately involved in a divorce settlement.

Courts may award temporary, granted at the discretion of the court during the divorce proceedings and before the final Decree; short-term, to allow the recipient time to gain necessary skills; and long-term, or permanent, usually reserved for lengthy marriages.

New Hampshire Child Custody and Visitation

New Hampshire prefers the parents resolve custody and visitation issues. The court listens to the parents' wishes. However, if no agreement can be made, there is evidence of abuse, or a parent appears unable to care for their child, the court intervenes to find the best option for the minor child's well being. Like all the jurisdictions, the best interests of the child guide the court.

Courts award either sole or joint custody is awarded to parent, but In New Hampshire the court presumes joint legal custody to be in the best interests of the child, unless the child has been abused by one of the parents. Custody is awarded based on preference of the child, education of the child, findings and recommendations of a neutral mediator, and other factors. A New Hampshire judge who decides against joint legal custody must state his reasons for doing so.

Custody is not granted based solely on the financial capacity of the parent, or the gender of either the parent or the child.

New Hampshire Child Support Guidelines

In New Hampshire child support is set out by statute. The guidelines are based on the Income shares model figured on net income. The guidelines are based on the net income of the parent paying the child support and the number of children owed child support. They are: one child, 25 percent of net income; two children, 33 percent of net income; three children, 40 percent of net income; and four or more children, 45 percent of net income. The court also considers Extraordinary Expenses and deviation factors.

New Hampshire Service of Process for Divorce

In a New Hampshire divorce action, the divorce papers - the Summons and the Petition - are personally served on the respondent by giving them to him or her or leaving them at his or her abode, or they may be served on the office of the Secretary of State, which has the same effect as if served on the respondent at his abode or place of business in the state or country where he or she resides.

The divorce papers may also be sent by registered mail, postage prepaid, by the petitioner or his or her attorney to the respondent at his last known abode or place of business. His or her return receipt and an Affidavit of Compliance, of the petitioner or petitioner's attorney, becomes part of the record. When process is not delivered or accepted by the respondent, the court may order such additional notice, if any, "as justice may require."

The petitioner may serve the respondent by sending the service copy to the respondent, return receipt requested, with restricted delivery so only the respondent spouse can sign, or by hiring the sheriff for the county where the respondent lives or works.

A Simple Divorce Process
Step 1 See if you qualify & create account!
Step 2 Answer the questions at your own pace.
Step 3 Print, sign and file your divorce forms with your local court (instantly review & print your forms online or have them sent US Priority Mail at no additional charge).

START HERE

Only $299 (flat-fee)

or 2 monthly payments of $157
or 3 monthly payments of $109
or 4 monthly payments of $84
Payment Options Do Not Delay Divorce
Instant Delivery - Instant Changes
100% Guarantee of Court Approval
or Your Money Back
As seen on Forbes, USA Today, CNN and NPR
Disclaimer: This is a quality non-lawyer self-help online divorce solution. The 3StepDivorceTM Documentation software and service is not a substitute for the advice of a lawyer. 3 Step Solutions, LLC does not practice law and does not give out legal advice. This online divorce software and service allows you to represent yourself in doing your own divorce. If you need or desire legal representation, we recommend that you hire a lawyer. Click here to learn more. There may also be other pro se divorce options available by contacting your court.

Terms & Conditions | Privacy

Have questions? Call us at 1-800-680-9052
Copyright© 1996-2021. All rights reserved by 3 Step Solutions, LLC
A Sister Company of Divorce Source, Inc. - Since 1997

Powered With Experience & Built By Trust - 3StepDivorce TM, The Original Online Divorce SM