New Hampshire Divorce: What You Need to Know

Divorce is the court process that officially ends a marital union and it is legally known as a dissolution of marriage in New Hampshire. Each state sets its own rules, and in New Hampshire, divorces are handled by the Family Division of the Circuit Court in the county where either spouse resides. This guide focuses on the New Hampshire divorce process, including its residency requirements, waiting periods, types of divorce, the court process, county-level filing details, and how to search for divorce records.

How Does Divorce Work in New Hampshire?

In New Hampshire, the residency requirements must be met before filing for divorce. A divorce may be filed if:

• Both spouses live in New Hampshire,
• The filing spouse has lived in New Hampshire for at least one year, or
• The grounds for divorce happened in New Hampshire and one spouse lives in the state.

Furthermore, New Hampshire recognizes both no-fault and fault-based divorces. The no-fault option is based on “irreconcilable differences,” which means that the marriage cannot be saved. On the other hand, fault-based grounds include adultery, extreme cruelty, habitual drunkenness or drug use, abandonment, imprisonment, and impotency. Although it is not required to prove fault during a divorce process, it is important to note that it may influence custody, property division, or alimony decisions.

New Hampshire does not have a mandatory waiting period, though the divorce process may take time depending on whether it is a contested case. An uncontested divorce is usually completed within a few months, while a contested divorce can take a year or more.

Types of Divorce in New Hampshire

New Hampshire law provides for several types of divorce such as:

• Uncontested divorce: Both spouses agree on custody, support, and property division. These cases are less expensive and are resolved quickly.
• Contested divorce: These cases are more expensive and typically last longer because they require hearings or trial.
• No-fault divorce: This type of divorce is based on irreconcilable differences between the couples.
• Fault-based divorce: A spouse can seek fault-based claims, like adultery, cruelty, or desertion in a divorce proceeding.
• Collaborative divorce: Through the use of mediation and attorney-assisted negotiation, couples can resolve disputes without going to court for trial.
• Legal separation: Couples can agree to legal separation, which does not dissolve the marriage but instead establishes a court order for matters like custody, support, and property arrangements.

New Hampshire Divorce Court Process and Forms

The Family Division of the Circuit Court is responsible for handling divorce matters in New Hampshire. The process begins when a spouse files a petition for divorce in the county where they live. Besides the petition, the parties may be required to provide other documents such as:

• Confidential Information Sheet
• Financial Affidavit
• Parenting Plan (if children are involved)
• Child Support Guidelines Worksheet
• Decree of Divorce form (for finalization)

The respondent, which is the other spouse, must be served with the petition and summons by a sheriff, certified mail, or acceptance of service. Within 30 days, the respondent has to file an answer with the court.

Moreover, both the petitioner and the respondent must provide financial disclosures to the court. It is also compulsory for both parents to attend a parenting education class before custody orders are finalized if children are involved in the process.

Judges may order mediation if there is a dispute over property or custody. If this fails, the case can proceed to hearings and trial.

The divorce process is finalized when the judge signs a Final Decree of Divorce. This action marks the official end of the marriage and establishes orders for custody, property division, child support, and alimony.

City- and County-Level Filing Details

In New Hampshire, the Family Division of Circuit Court has jurisdiction over divorce cases at the county level. The details for some of the largest counties are discussed below:

• Hillsborough County (Manchester):
  • Courthouse: Hillsborough County Circuit Court – Family Division, 30 Spring Street, Nashua, NH 03060.
  • Services: The New Hampshire Judicial Branch provides online access to forms for court users. In addition, parenting education class is a requirement in custody cases.
• Rockingham County (Brentwood):
  • Courthouse: Rockingham County Family Division, 10 Route 125, Brentwood, NH 03833.
  • Services: Anyone can find forms and specific filing instructions at the Clerk’s Office. Many family cases also require mediation programs as an alternative to litigation.
• Merrimack County (Concord):
  • Courthouse: Merrimack County Family Division, 163 N. State Street, Concord, NH 03301.
  • Services: Pro-Se litigants can make use of the self-help resources provided on the New Hampshire Judicial Branch website.
• Strafford County (Dover):
  • Courthouse: Strafford County Family Division, 259 County Farm Road, Dover, NH 03820.
  • Services: This division encourages divorcing couples to participate in mediation programs to resolve disputes faster.
• Grafton County (North Haverhill):
  • Courthouse: Grafton County Family Division, 3785 Dartmouth College Highway, North Haverhill, NH 03774.
  • Services: This court mandates divorcing couples to attend parenting education classes if children are involved in the divorce process.

How to Search for Divorce Records in New Hampshire

Divorce records in New Hampshire are generally public, but state laws prohibit the release of sensitive information such as Social Security numbers, bank account details, and the identifying information of minor children.

Moreover, the Clerk of the Family Division in the county where the divorce was finalized serves as the official custodian of divorce records. These records can be accessed by record seekers through these methods:

• At the courthouse: The certified copies of divorce decrees and case files can be requested from the Clerk for a fee.
• Online: The New Hampshire Judicial Branch Case Access Portal allows online searches for case docket summaries by name or case number. It is important to note that the actual documents can be obtained directly from the court.
• Vital Records: The New Hampshire Division of Vital Records Administration issues divorce certificates which are also called summary records for divorces granted since 1808.
• Third-party services: Although private websites may provide access to publicly available divorce records, only the court or state Vital Records can issue certified copies to record seekers.

Some information contained in divorce records include the names of both spouses, the date and county of divorce, the case number, and the court’s orders on custody, property division, support, and alimony. The Final Decree of Divorce is the official proof that the marriage has legally ended.

Key Points

• In New Hampshire, divorce cases are heard in the Family Division of the Circuit Court for the county where either spouse resides.
• To file for a divorce in New Hampshire, one spouse must have lived there for a year, or the reason for divorce occurred while a spouse lived in the state.
• The state recognizes both no-fault and fault-based divorces.
• New Hampshire law mandates parenting programs for parents in divorce involving children. In addition, mediation is a common practice for contested cases.
• Divorce records are public records and are available at the Clerk’s Office. The New Hampshire Judicial Branch Case Access Portal provides public access to docket information, while the Vital Records Administration can provide summary records for older divorce cases.