What Is a No-Fault Divorce, When Did It Start and Why It Can Be Bad
New Hampshire Divorce Records
New Hampshire has a higher divorce rate than the national average, at 2.5 per 1,000 residents. While this figure represents a higher likelihood of marriage failure in the state, it is slightly lower than the previous year's rate, which was 2.6 per 1,000 residents. Local divorce rates vary by ethnicity, with African Americans experiencing more divorce cases, and Asian couples being the least likely to divorce.
Divorce records in New Hampshire are created and maintained by the Circuit Courts Family Divisions. There are three types of divorce records in New Hampshire:
- Divorce certificates: this document states that a divorce occurred between two persons. It also contains the names of the parties, where the divorce took place, and when the divorce occurred.
- Divorce Decree: this document explains the judgment and terms of a divorce case.
- Divorce case record: this includes all documents, summons, notices, motions, testimonies, and judgments that were generated during the court proceedings
Most New Hampshire divorce records are considered confidential and are available only to persons with a direct and tangible interest in the case.
What Are the Residency Requirements for Divorce in New Hampshire?
Per New Hampshire residency requirements, you may file for a divorce in the state if:
- You and your spouse live in New Hampshire
- You have lived in New Hampshire for one year
- You live in New Hampshire, and your spouse can be served with divorce papers in New Hampshire
What Are the Grounds for Divorce in New Hampshire?
Grounds for divorce are the legal reasons New Hampshire courts require for a divorce to be granted. Per NH R.S.A 458:7, divorce can be filed as either a "fault" or "no-fault" divorce:
- Fault Divorce: this type of divorce is filed when one spouse is at fault for causing the marriage to end. Fault divorce may be contested or uncontested. The spouse filing the divorce has to prove the specific grounds for doing so. Grounds for filing a fault divorce include:
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- The impotence of either party
- Adultery of either party
- Extreme cruelty of either party
- Conviction of either party
- When either party abandons and refuses to cohabit with the other for two years without sufficient cause
- No-fault divorce: in this type of divorce, the couple cites irreconcilable differences as what caused the breakdown of their marriage. Allegations or evidence of specific acts of misconduct are not necessary or admissible unless there is an issue regarding parental rights and responsibilities. In those cases, evidence may help determine if giving one spouse parental rights could harm the child.
How Much Does It Cost to File For Divorce in New Hampshire?
Filing for a divorce in New Hampshire typically costs around $252, excluding additional costs involved in the divorce process. These additional costs may include:
- Attorney fees
- Child support calculations
- Alimony payments
- Expert witness fees
- Joint debts
- Mediation or counseling fees
The average cost of getting divorced in New Hampshire is about $9,000. This is slightly lower than the national average of $9,970 but significantly lower than neighboring Massachusetts, where the average is about $12,200.
How Long Is the Waiting Period for Divorce in New Hampshire?
New Hampshire does not impose a waiting period for divorce. Once a divorce petition is filed and the defendant is served, the case may proceed at the court's discretion. Similarly, the state law does not require couples to separate before filing for divorce.
How To File for Divorce in New Hampshire?
Filing for divorce in New Hampshire typically begins with verifying your eligibility to file in the state, as well as determining the type of divorce you wish to pursue. Once this is done, you may proceed with the following steps:
- Uncontested divorces: If both spouses agree to divorce, they can file a joint petition for divorce with the Circuit Court in their area, even if they disagree on the division of property or handling parental rights and responsibility. Along with the joint petition, they must include a personal data sheet. After the court receives the petition, it will schedule a first appearance session. During the session, the judge will explain the court process and relevant issues, especially those relevant to children and parenting. Following this session, a date will be set for the next step in the divorce process. Before the divorce can be finalized, several documents must be submitted. They include a parenting plan, financial affidavit, vital statistics form, completed child impact program, uniform support order, and child support guideline worksheet.
- Contested divorce: To initiate a contested divorce, you must complete and file a petition for divorce along with a personal data sheet at the Circuit Court in your area. After filing, you must serve your spouse the divorce papers to notify them of the petition. Once your spouse receives the petition, the court will schedule a first appearance session. During this session, the judge will explain the court process and address important topics, particularly those related to children. If the couple cannot agree on specific terms of the divorce, especially regarding parenting and custody, the court will require them to attend mediation. After mediation, the court will hold another hearing to finalize the agreements and details of the divorce.
For more information concerning how to file a divorce in New Hampshire, visit the Circuit Court Divorce/Parenting page.
Are Divorce Records Public in New Hampshire?
In New Hampshire, most divorce records are considered private and confidential. Only individuals with a direct interest in the case can access these records. This includes both parties in the divorce, immediate family members, or authorized representatives such as attorneys. However, divorce records older than 50 years are available to the public.
How To Get Certified Copies of Divorce Decree in New Hampshire?
New Hampshire divorce decrees are available at the Circuit Court that handled the case. However, only individuals with a direct interest in the case can obtain certified copies of divorce decrees in the state. Note that New Hampshire requires a copy of valid photo identification for the individual seeking divorce records before the record is released.
Eligible persons may obtain a certified copy of the divorce decree in person at the appropriate Circuit Court where the case was heard. Alternatively, requesters can mail a completed application for divorce records to the court. However, some courthouses do not accept mail requests for records. It is recommended to contact the specific courthouse to find out the available options for accessing divorce records.
A divorce decree is typically different from a divorce certificate. A divorce decree contains the court's final order ending a marriage, while a divorce certificate is a document that proves that a divorce occurred between two parties. In New Hampshire, divorce records can be obtained from the office of city or town clerks. However, these records are only issued to parties involved in the case or direct family members.
Divorce Settlement: Is New Hampshire a 50/50 State?
New Hampshire is an equitable distribution state, meaning the court uses its discretion to decide what sharing formula is fair and impartial. In equitable property distribution, certain factors are considered when the property is being divided, such as:
- The duration of the marriage
- The age of both couples
- The social and economic status of each party
- The employment status or employability of both parties
- The fault of either party leading to the breakdown of the marriage
FAQs About Divorce Process in New Hampshire
Here are answers to frequently asked questions about the divorce process in New Hampshire.
