What is the divorce process in NH?

Documents are filed at the Clerk of Court’s office in the courthouse. To file your Petition you must submit to the Clerk’s office the original signed and notarized Petition along with 2 copies. You will also need to pay a filing fee. If you are low-income, you can file a Motion to Waive Filing and Service Fees.

How long does divorce take in NH?

Typically, an uncontested divorce takes around 1-3 months for completion in New Hampshire; however, the duration of the proceedings depends on whether there are children involved. New Hampshire does not have a mandatory waiting period before the divorce is finalized.

How much does it cost to get a divorce in New Hampshire?

The fee to file for a divorce in New Hampshire is $250 if you have no minor children. The fee is $252 if you have children. If you can’t afford the filing fee, you can file a Motion to Waive Filing and Service Fees and a judge will decide if you can proceed without paying any fees.

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What are the laws in NH for divorce?

New Hampshire is technically a “no-fault” divorce state. This means that neither party has to prove that the other is more at fault in causing the breakdown of the marriage. … It is possible to file for divorce based on grounds other than irreconcilable differences.

Do you have to be separated before divorce in NH?

In New Hampshire, legal separation is not merely a step that is required before divorcing; there is no legal separation requirement. If you are legally separated, and decide you want to be divorced, you can file a motion with (ask) the court to amend your legal separation to change it to a divorce decree.

Who gets the house in a divorce in NH?

According to New Hampshire’s property division laws for divorce, the courts see all property as marital property and divide them equally. This includes assets that individuals acquire before the marriage, as well as any gifts that either party receives, such as an inheritance, during the marriage.

Is getting divorced easy?

It Is Possible to Get a Quick Divorce

The divorce process does not have to take years or even months. … The easiest type of divorce, which takes the least amount of time, is called an uncontested divorce. This relatively fast divorce happens because all of the major issues have been agreed upon by you and your spouse.

Are separate bank accounts marital property?

Are Separate Bank Accounts Marital Property? In most states, money in separate bank accounts is considered marital property, or property acquired during a marriage. About 10 states operate under community property laws, meaning that any property — money, cars, houses, etc.

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How is alimony calculated in NH?

The formula is derived by using 30% of the difference in the spouses’ gross income and in the payor’s case, reduced by subtracting the amounts that are ordered and actually paid for child support (including child support for joint children) or alimony and costs for other specified expenses such as health insurance for …

Is adultery illegal in NH?

In 2014 New Hampshire repealed its law against adultery. Prior to that change adultery was a misdemeanor, although the law was almost never enforced.

How is property split in a divorce?

7 steps to take when dividing property during divorce

  1. Step 1: Assets and debts. …
  2. Step 2: Contact the professionals you’ll need to consult. …
  3. Step 3: Gather paperwork. …
  4. Step 4: Check the timeframe. …
  5. Step 5: Confirm your jurisdiction. …
  6. Step 6: Assess the value of all property. …
  7. Step 7: Negotiate.

Can one spouse sell house?

In community property states such as California, a husband can never sell a home obtained during the marriage without his wife’s consent. … However, if the husband obtained the home before the marriage, he may be able to sell it on his own, depending on whether his wife’s name is on the title.

What is considered marital property in New Hampshire?

Dividing Property Under New Hampshire Divorce Laws

Marital property consists of assets accrued during the marriage. Separate property includes the assets a spouse had prior to marriage, as well as those received as a gift or through inheritance at any time.

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How are divorce papers served in NH?

Instead of personal service, a respondent may accept service of the petition by coming to the court for a copy of the divorce papers after receiving the orders of notice. See N.H. Rev. Stat. … If you use the sheriff, the sheriff will mail you an affidavit of service stating how and when the petition was served.

What is considered abandonment in NH?

If a parent leaves their child in the care of another party or by themselves with no communication or support for at least 6 months, this can constitute child abandonment. … If a parent provides a lack of care for at least 6 months, the child may be deemed by the court to have their relationship terminated.

How does adultery affect divorce in New Hampshire?

Adultery, until recently, was a crime in New Hampshire although not prosecuted for many years. It is a fault grounds for divorce. … New Hampshire does not bar a party from receiving alimony, or spousal maintenance, if adultery is proved, nor may it necessarily award the innocent spouse a greater share of the assets.