New Hampshire Divorce Procedures

New Hampshire Divorce Procedures

Complete overview of New Hampshire divorce laws for people considering a New Hampshire divorce or filing a New Hampshire divorce with issues to be resolved about child custody, child support, visitation and alimony.

New Hampshire Divorce Residency Requirements

In order to file your Petition for Divorce in New Hampshire, you must make sure the Superior Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the New Hampshire residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:

In order to file for a divorce, the parties must: I. both be residents of the state nd 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)

Since divorce is governed by state law, it is required that you meet specific residency requirements in order to file for a divorce in the state of New Hampshire. It is most common that people file for a divorce in the county in which they live. If you are unsure of whether or not you meet the New Hampshire residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.

New Hampshire Grounds for Divorce

The Petition for Divorce is the initial document filed with the New Hampshire court. It is in the document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

A divorce may be granted by the court on one of the following grounds:

No-Fault Based Grounds:
Irreconcilable differences which have caused the irremediable breakdown of the marriage.

Fault Based Grounds:
1. Impotence. 2. Adultery. 3. Extreme cruelty of either party to the other. 4. Conviction of felony and imprisionment. 5. When either party has so treated the other as seriously to injure health or endanger reason. 6. When either party has been absent 2 years together, and has not been heard of. 7. When either party is an habitual drunkard, and has been such for 2 years together. 8. When either party has joined any religious sect or society which professes to believe the relation of husband and wife unlawful, and has refused to cohabit with the other for 6 months together. 9. When either party, without sufficient cause, and without the consent of the other, has abandoned and refused, for 2 years together, to cohabit with the other.

(New Hampshire Statutes – Chapters: 458:7, 458:26)

Every divorce case that is filed in the state of New Hampshire must declare the grounds in which the divorce is to be granted. The grounds for divorce must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a divorce, or agreeing to a divorce, make sure that you completely understand the grounds and any potential legal repercussions.

New Hampshire Uncontested Divorce

This information is an overview of the uncontested New Hampshire divorce filing process and a summary of the divorce papers that are typically filed with the family law or domestic relations clerk. This overview is not intended to be an exact step-by-step guide for those “do it yourself divorce” filers, due to the fact that many cases are unique and the overview presented here is often not the only method of obtaining an uncontested divorce in New Hampshire.

To file for a divorce, legal separation or dissolution of a civil union in New Hampshire, 1) both parties must live in New Hampshire at the time of the filing; or 2) the filing party must have lived in New Hampshire for a year; or 3) the responding party must be personally served in the state. The action may be filed in the county where either party lives.

Grounds for divorce are No-Fault, which means irreconcilable differences that have caused an irremediable breakdown in the marriage, so that “either party has seriously affected the health or endangered the reason of the other party”; and general grounds of 1) impotence, 2) adultery, 3) abandonment and not being heard of for two years; 4) imprisonment for more than a year; 5) physical abuse or reasonable apprehension of physical abuse; 6) desertion without support of husband spouse for two years; 7) extreme cruelty; habitual intemperance (drunkenness for two years); 9) living separate and apart without cohabitation for two years; and 10) mental illness.

Actions are filed in the Superior Court. The filing spouse is called the Petitioner; the responding spouse is called the Respondent.

The grounds for a legal separation are the same as for a divorce as are the residency requirements.

New Hampshire does not offer a simplified or summary divorce. However, if both parties agree to a divorce, legal separation or dissolution of a civil union, they may file a joint petition and thus save the cost of formal service of the divorce papers. Filing jointly can be done even when the parties do not agree of the division of property or the terms and conditions of custody and visitation. By definition, jointly filed actions are uncontested, even when the parties continue to negotiate after the filing.

If a party files as an individual, he or she must file the following forms:

a) A Petition for Divorce, which identifies the parties, states the grounds and may request temporary orders, if need be;

b) A Personal Data Sheet, which gives the court information about the couple;

c) Financial Affidavits, which are completed by each party and which profile the finances of the party;

d) A Vital Statistics form, which is used by the state for record-keeping purposes;

e) A Final Decree of Divorce or Legal Separation, which is the instrument by which the court ends the marriage.

Divorcing couples with minor children must file all of the above forms as well as the following:

1) A Certificate of Completion of Child Impact Seminar, which certifies that the parents of minor children have completed a mandatory four-hour program called Children First.

2) A Parenting Plan, which spells out the terms and conditions of custody and visitation;

3) A Uniform Support Order, which spells out the terms and conditions of spousal and child support;

4) Child Support Guidelines Worksheet, which shows the calculations made to determine child support.

Whether a couple with children files jointly or one spouse initiates the action, after the service in an individual petition, the divorcing couple with minor children are scheduled for a First Appearance Session. A date will be selected for them to attend a Child Impact Seminar, where they will hear about mediation, guardians ad litem and child support.

After the appropriate forms have been filed, the court notifies the Respondent that he or she has 10 days to pick up a copy of the Petition to which has been attached a Notice to Respondent and an Appearance form. The Respondent has 15 days to enter an appearance.

If the Respondent picks up a copy of the Petition, he or she can enter an Appearance, and the divorce moves along as an uncontested action.

If he or she does not pick up a copy of the Petition, the Court sends an Order of Notice. The Petition must then make arrangements for the Petition and Order to be served on the Respondent. This is either done by certified mail or through the sheriff by personal service.

If the Sheriff cannot locate the Respondent or he or she will not accept service, the Court, upon motion by the Petitioner, will consider alternate methods of service, which is Service by Publication in a newspaper.

After the papers are served, if the Respondent has not answered, the Petitioner may ask for a default hearing, which must be held 30 days after the Petitioner moves. All the requisite forms for a divorce must be filed before this action may be taken. In addition, the Petitioner must also file:

a) An Affidavit as to Military Service, which certifies that the Respondent is not eligible for any protection from civil litigation under the Servicemembers’ Civil Relief Act or that he or she agrees to waive any protection;

b) An Affidavit of Impossibility, which states the impossibility in obtaining the Respondent’s Financial Affidavit;

c) An Affidavit of Non-Cohabitation, which states that the Petitioner and the Respondent have not cohabited.

Even when one party files, when both spouse come to agreement, they can file for an Agreed Divorce. When one spouse refuses to cooperate, the other can ask for and receive a Default Divorce, whereby the filing party gets whatever he or she asked for. If, however, the spouses agree and all the required documents have been filed, the court can hand down a Decree of Divorce without the parties attending a final hearing.

New Hampshire Simplified Divorce Procedures

There are no legal provisions in New Hampshire for simplified divorce procedures.

Each state has its own unique filing procedure. When filing for divorce in New Hampshire, you must adhere to the strict filing guidelines and prepare and submit the appropriate mandatory divorce documents to the county court. You will discover that some documents may be provided by the New Hampshire Legal System and others must be constructed on a case-by-case basis containing certain information and criteria to adhere to the New Hampshire Laws and the filing requirements.

New Hampshire Property Division Factors

In New Hampshire, the property and debt issues are typically settled between the parties by a signed Marital Settlement Agreement or the property award is actually order and decreed by the Superior Court within the Decree of Divorce.

New Hampshire is referred to as an “equitable distribution” state. When the parties are unable to reach a settlement, the Superior Court will take the following approach to dividing the assets; First, it will go through a discovery process to classify which property and debt is to be considered marital. Next, it will assign a monetary value on the marital property and debt. Last, it will distribute the marital assets between the two parties in an equitable fashion. Equitable does not mean equal, but rather what is deemed by the Superior Court to be fair.

If the court decides that an equal division would not be appropriate, the court will consider the following factors in making an award: (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)

Since New Hampshire is an “Equitable Distribution” state, all marital property will be divided in an equitable fashion according to the court unless agreed to otherwise by the divorcing spouses. What does “equitable” mean? Equitable can be defined as “what is fair, not necessarily equal.” To automatically believe the marital property would be divided 50-50 would be a wrong assumption in any equitable distribution state.

New Hampshire Spousal Support/Maintenance/Alimony Factors

In New Hampshire the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Superior Court will order support from one spouse to the other on a case-by-case basis as follows:

The court shall consider the following when determining how much and for how long support should be paid: 1. duration of the marriage; 2. the age, 3. health condition, 4. occupation, 5. amount and sources of income, 6. the property awarded, 7. job 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 marital fault or misconduct of either party, 12. tax consequences.

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 Child Custody Factors

In New Hampshire, the court considers the following factors when making a custody decision:

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.

4) The quality of the child’s adjustment to the child’s school and community and the potential effect of any change.

5) The ability and disposition of each parent to foster a positive relationship

6) The support of each parent for the child’s contact with the other parent as shown by allowing and promoting such contact.

7) The support of each parent for the child’s relationship with the other parent.

The relationship of the child with any other person who may significantly affect the child.

9) The ability of the parents to communicate, cooperate with each other, and make joint decisions concerning the children.

10) Any evidence of abuse, and the impact of the abuse on the child

11) 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.

12) Any other additional factors the court deems relevant. (New Hampshire Statutes – Chapters: 458:17)

In New Hampshire, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they can’t, the court will do it for them.

New Hampshire Child Support Factors

The court may order reasonable provisions for the support and education of a child. There are specific child support guidelines set out in the statute. There is a presumption that the amount set forth in the guidelines is correct, unless it is shown that the amount is unjust or inappropriate under the particular circumstances of a case. The factors for consideration for adjusting the amount up or down which are specified in the statute are: (1) any extraordinary medical, dental, or educational expenses of the child; (2) a significantly higher or lower income of either parent; (3) the economic consequences of the presence of any stepparents, stepchildren, or natural or adopted children; (4) any extraordinary costs associated with physical custody; (5) the economic consequences to either parent of the disposition of the marital home; (6) any state or federal tax consequences; (7) any split or shared custody arrangements; (8) the costs of providing college educations to any natural or adopted children; and (9) any other significant factor. The court may order health insurance coverage as a method of support. There are also provisions for wage assignments and wage withholding to secure the payment of any child support.

[New Hampshire Revised Statutes Annotated; Chapters 458:17, 458:18, and 458-C:1-5].

New Hampshire child support is typically calculated by using a Child Support Worksheet. The worksheet will generate an appropriate New Hampshire child support obligation according to each spouse’s income and other relative numeric factors such as taxes paid and retirement contributions, etc.. Once this amount is determined it is essential to take a look at any appropriate New Hampshire child support deviation factors that may be applicable to the situation.

New Hampshire Grandparent’s Rights

Grandparent Rights to Visitation: Visitation may be granted if there is or has been a proceeding under Chapter 458 (for example for divorce or separation) or if one of the parents is deceased or has had his parental rights terminated, and if the visitation is in the best interest of the child. The best interest is to be determined by using the factors set out in the statute.

Chapter 458, Section 458:17-d (N.H.R.S.A. 458:17-d).

When Adoption Occurs: All rights terminate.

Child Custody Statutes: Factors: (1) preference of child; and (2) any domestic violence. In divorce cases, joint custody is presumed in child’s best interest, unless abuse is shown. Decree must state reasons if joint custody is not ordered. N.H.R.S.A. 458:17

Parents May Choose: No

New Hampshire Military Divorce Laws

A New Hampshire military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply.

Military Protection From New Hampshire Divorce Proceedings

There are laws set up to protect active duty military members against being held in “default” from failing to respond to a divorce action. These laws were enacted to protect active military from being divorced without knowing it.

Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local New Hampshire court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter (This is typically the case when the active member is serving in a war). Also, this right to have the divorce proceedings postponed can be waived by any active duty member should he or she wish to get the divorce.

Serving an Active Military Spouse

The active duty spouse must be personally served with a summons and a copy of the divorce action in order for a New Hampshire court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action.

Residency and Filing Requirements:

The typical military divorce filing requirements are as follows:

a) You or your spouse must reside in New Hampshire
b) You or your spouse must be stationed in New Hampshire

Grounds for New Hampshire Military Divorce

The grounds for a military divorce in New Hampshire are the same as a civilian divorce.

Dividing the Property

Along with the normal New Hampshire property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.

The federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.

Child Support and Spousal Support

In New Hampshire, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances. The normal New Hampshire child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid.

New Hampshire Child Support Guidelines

The New Hampshire child support guidelines “at a glance” provides a quick reference to what applicable child support laws are considered and/or not considered when determining the appropriate New Hampshire child support order.

New Hampshire Child Support Guidelines

Income Share Model *: NO
Percent of Income Model *: YES
Worksheets Available: YES
Extraordinary Medical Expenses Add on: NO
Childcare Add on: NO
Secondary Education Support: YES
UIFSA: YES

* Percent of Income Model: New Hampshire utilizes the percentage of income formula which determines the amount of child support as a percentage of the income of the parent obligated to pay the child support. This percentage is determined by factoring the number of children requiring support. This is the most basic or primitive method for calculating support. Many people believe that it does not take into consideration many important details, which makes this model of support calculation the least exact.

New Hampshire Child Support Definitions

Definitions:

“Adjusted gross income” means gross income less:

a) Court-ordered or administratively ordered support actually paid to others, for adults or children;
b) Fifty percent of actual self-employment tax paid;
c) Mandatory, not discretionary, retirement contributions;
d) Actual state income taxes paid; and
e) Amounts actually paid by the obligor for allowable child care expenses or medical insurance coverage for the minor children to whom the child support order applies.

“Allowable child care expenses” means actual work-related child care expenses for the children to whom the order applies, up to no more than an annual total of $5,000 for one child, $9,000 for 2 children, and $12,000 for 3 or more children.

“Child support obligation” means the proportion of total support obligation which the obligor parent is ordered to pay in money to the obligee parent as child support.

“Court” means issuing authority, including the office of fair hearings, division of
human services, department of health and human services, having jurisdiction to issue a child support order.

“Gross income” means all income from any source, whether earned or unearned, including, but not limited to, wages, salary, commissions, tips, annuities, social security benefits, trust income, lottery or gambling winnings, interest, dividends, investment income, net rental income, self-employment income, alimony, business profits, pensions, bonuses, and payments from other government programs (except public assistance programs, including aid to families with dependent children, aid to the permanently and totally disabled, supplemental security income, food stamps, and general assistance received from a county or town), including, but not limited to, workers’ compensation, veterans’ benefits, unemployment benefits, and disability benefits, provided, however, that no income earned at an hourly rate for hours worked, on an occasional or seasonal basis, in excess of 40 hours in any week shall be considered as income for the purpose of determining gross income; and provided further that such hourly rate income is earned for actual overtime labor performed by an employee who earns wages at an hourly rate in a trade or industry which traditionally or commonly pays overtime wages, thus excluding professionals, business owners, business partners, self-employed individuals and others who may exercise sufficient control over their income so as to recharacterize payment to themselves to include overtime wages in addition to a salary. In addition, the following shall apply:

a) The court, in its discretion, may consider as gross income the difference between the amount a parent is earning and the amount a parent has earned in cases where the parent voluntarily becomes unemployed or underemployed, unless the parent is physically or mentally incapacitated.
b) The income of either parent’s current spouse shall not be considered as gross income to the parent unless the parent resigns from or refuses employment or is voluntarily unemployed or underemployed, in which case the income of the spouse shall be imputed to the parent to the extent that the parent had earned income in his or her usual employment.

“Minimum support order” means an order of support equal to $50 per month.

“Net income” means the parents’ combined adjusted gross income less standard deductions published on an annual basis by the department of health and human services and based on federal Internal Revenue Service withholding table amounts for federal income tax, F.I.C.A., and Medicare, which an employer withholds from the monthly income of a single person who has claimed a withholding allowance for 2 people.

Obligor” means the parent responsible for the payment of child support under the terms of a child support order.

“Obligee” means the parent or person who receives the payment of child support under the terms of the child support order.

“Percentage” means the numerical figure that is applied to net income to determine the amount of child support.

“Self-support reserve” means the poverty level standard of need as established by the division of human services for a single individual living alone.

“Total support obligation” means net income multiplied by the appropriate
percentage derived from Child Support Formula

I. Number of Children Percentage of Net Income
1 25 percent
2 33 percent
3 40 percent
4 or more 45 percent

a) The total support obligation shall be determined by multiplying the parents’ total net income, as defined in RSA 458-C:2, VI, by the appropriate percentage derived from this section.
b) The total child support obligation shall be divided between the parents in proportion to their respective incomes as adjusted by this section, except when
there are incurred by the obligee child care expenses or for the actual amount paid for medical insurance coverage for the minor children to whom the child support order applies.
c) For those cases involving allowable child care expenses or medical insurance expenses incurred by the obligee, the same methodology described in subparagraphs (a) and (b) shall be used, except that as part of the determination of each parent’s share of the child support obligation, the obligee’s allowable child care expenses or medical insurance expenses shall be deducted from the adjusted gross income of the obligee.
d) All child support obligations calculated pursuant to this chapter shall be rounded to the nearest whole dollar.

The number of children in the same household for which child support is paid is the determining factor in the percentage applied against net income.

Self-support reserve and minimum child support obligation.

a) If the obligor parent’s gross income is less than the self-support reserve and the court has determined that the obligor is not voluntarily unemployed or
underemployed, the court shall order the child support obligation in the amount of a minimum support order.
b) If the obligor parent’s gross income is greater than the self-support reserve but payment of the order as calculated under this chapter would reduce the obligor parent’s income below the self-support reserve, the obligor parent’s share of the total support obligation shall be presumed to be the difference between the self- support reserve and that parent’s adjusted gross income, but in any event shall be no less than the amount of a minimum support order shall be applied in all child support cases including temporary orders, and in any order modifying a support order.

There shall be a rebuttable presumption in any proceeding for the award of child support that the amount of the award which would result from the application of guidelines provided under this chapter is the correct amount of child support. A written finding or a specific finding by the presiding officer on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined by using the criteria set forth in RSA 458-C:5, shall be sufficient to rebut the presumption in such case.

When considering a request for an original support order or modification of a support order under this chapter, the court shall take into account any stepchildren for which either party may be responsible.

When arrangements for child support are delineated in an agreement between the parties, and not made according to guidelines provided under this chapter, the presiding officer shall determine whether the application of the guidelines would be inappropriate or unjust in such particular case, using the criteria set forth in RSA 458-C:5, and in certifying the agreement shall enter a written finding or a specific finding on the record that the application of the guidelines would be inappropriate or unjust and state the facts supporting such finding.

Adjustments to the Application of Guidelines Under Special Circumstances.

I. Special circumstances, including, but not limited to, the following, if raised by any party to the action or by the court, shall be considered and may result in adjustments in the application of support guidelines provided under this chapter. The court shall make written findings relative to the applicability of the following:

a) ongoing extraordinary medical, dental or education expenses, including expenses related to the special needs of a child, incurred on behalf of the involved children;
b) significantly high or low income of the obligee or obligor;
c) the economic consequences of the presence of stepparents, stepchildren or natural or adopted children;
d) Reasonable expenses incurred by the obligor parent in excercising visitation or physical custodial rights, or expenses incurred by such parent in extended visitation or physical custodial rights, provided that the reasonable expenses incurred by the obligee parent for the minor children can be met regardless of such adjustment;
e) the economic consequences to either party of the disposition of a marital home made for the benefit of the child;
f) the opportunity to optimize both parties’ after-tax income by taking into account federal tax consequences of an order of support;
g) state tax obligations;
h) split or shared custody arrangements;
i) the economic consequences to either party of providing for the voluntary or court-ordered postsecondary educational expenses of a natural or adopted child;
j) other special circumstances found by the court to avoid an unreasonably low or confiscatory support order, taking all relevant circumstances into consideration.

New Hampshire Divorce Definitions

This collection of definitions will help clarify some unique characteristics to the New Hampshire Divorce laws, process and paperwork which is filed with the court.

Filing Party Title:
Petitioner or Co-Petitioner

The spouse who will initiate the Divorce by filing the required paperwork with the court.

Non-Filing Party Title:
Respondent or Co-Petitioner

The spouse who does not initiate the Divorce with the court.

Court Name:
The State of New Hampshire, Superior Court in and for ___________ County

The proper name of the court in which a Divorce is filed in the state of New Hampshire. Each jurisdictional court typically has a domestic relations or a family law department or division.

The state run office devoted to enforcing existing child support orders and collecting any past due child support.

Document Introduction:
In Re the Marriage of:

The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.

Initial Divorce Document:
Petition for Divorce or Joint Petition for Divorce

The title and name of the legal document that will initiate the New Hampshire Divorce process. The filing spouse is also required to provide the non-filing spouse a copy of this document.

Final Divorce Document:
Decree of Divorce

The title and name of the legal document that will finalize the New Hampshire Divorce process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.

Clerk’s Office Name:
County Clerk’s Office of the Superior Court

The office of the clerk that will facilitate the Divorce process. This is the title you would address letters to or ask for when contacting the courthouse.

Legal Separation:

The grounds for legal separation (limited divorce) in New Hampshire are the same as for divorce: (1) the spouse filing for legal separation must have been a resident of New Hampshire for 1 year or (2) the cause of legal separation must have arisen in New Hampshire and 1 of the spouses must be living in New Hampshire when the action for legal separation is filed for. [New Hampshire Revised Statutes Annotated; Chapters 458:5, 458:6, 458:7, 458:7a, and 458:26].

Property Distribution:
Equitable Distribution

The applicable New Hampshire law that will dictate how property and debt is to be divided upon Divorce.

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