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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:
    • 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:

  • 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.

How Do I Modify a Divorce Decree in New Hampshire

Rule 2.30 of the Circuit Court of New Hampshire, Family Division, outlines the process of modifying a divorce decree in the state. You can modify judgments concerning parental rights and other limited issues involving children, such as child care, custody, and maintenance, by taking the following steps:

  • File a petition to change the court order together with a personal data sheet. The petition must state the names and dates of birth of the parties' children, the parts of the decree requested to be changed, the specific changes sought, and why the court should change the court order.
  • Serve the defendant named on the complaint.
  • Attend a scheduled court hearing where a judge will review the matter.

If the issues raised in the petition are not resolved at the first post-decree hearing, the court may order the parties to participate in mediation before scheduling another hearing. However, if both parties agree to modify aspects of a divorce decree, they may file an agreement with the court. After reviewing the agreement, the court may approve an agreement to change an order without a hearing.

How Do I Enforce a Divorce Decree?

If your ex-spouse is not following the court's orders concerning a divorce, you can file a motion or petition for contempt.

A motion for contempt is appropriate when the case is still open. The motion will explain what court order is violated, the specific conduct that occurred in violation of the court order, and the relief being requested by the court. This option does not require a filing fee.

A contempt petition is appropriate when the case is closed, and the divorce has been finalized. The petition contains information about the court order that was violated and what relief is being requested. A filing fee and personal data sheet are required for this process.

After filing the petition, the defendant will be notified by the sheriff. Upon reviewing the petition, the court may order the defendant's arrest or require them to post bonds for appearance and compliance with the court order.

What Are the Restrictions to a Divorce Decree in New Hampshire?

Rule 2.30 of the Circuit Court of New Hampshire provides for modifying child-related and spousal support aspects of a divorce decree, such as child care, alimony, and child support.

Can I Efile My Divorce in New Hampshire?

Although New Hampshire has an e-filing system, you cannot e-file your divorce in the state. You can file your divorce in person or via mail with the Clerk of the Circuit Court Family Division in your jurisdiction.

How Do You Serve Divorce Papers In New Hampshire?

After filing a divorce petition in New Hampshire, you will receive a summons and tracking notice from the court. You are expected to serve a copy of the divorce petition, summons, and tracking notice to your spouse. There are several methods for serving divorce papers in New Hampshire and they include:

  • Service by Sheriff Department: this method is best if you are concerned about your safety and you want the case to move fast.
  • Personal service: this method allows you to deliver the divorce papers yourself. It is best for couples who have good communication and believe that divorce is necessary.
  • Service by mail: this method allows you to contract a registered mail company to deliver the divorce papers. Since the defendant must sign before the papers are given to them, this method is best if you want to establish that the defendant was served.

Does New Hampshire Mandate Couples to Participate in Divorce Mediation or Counseling?

Rule 2.12 of the Circuit Court of New Hampshire outlines the mediation requirements in a divorce case. According to this rule, in any divorce action that involves minor children, the court shall order the couple to participate in mediation unless the court determines that mediation will not be appropriate due to factors listed in N.H. RSA 461-A:7.

Additionally, a court may order the couple to participate in mediation if divorce cases are reopened after final orders are issued.

How Do I Seal My Divorce Records in New Hampshire?

In New Hampshire, both parties can request parts or all of their divorce records be made confidential by filing a motion to seal with the court that handled the case. Divorce records are usually sealed if they contain sensitive personal information, such as information about minors, financial records, or domestic violence victims.

How Does New Hampshire Calculate Alimony?

In New Hampshire, Alimony is calculated as 30% of the difference between the gross incomes of both parties at the time of the divorce. Judges in New Hampshire can order temporary or permanent alimony in divorce cases. Temporary alimony is available to spouses who need financial assistance during the divorce process to cover living expenses, while permanent alimony is awarded when one spouse is unable to become self-supporting. However, judges in New Hampshire consider the following factors before awarding alimony:

  • The age and health of both couples
  • The couple's social and economic statuses
  • Liabilities and needs
  • Employability
  • Monetary and non-monetary contributions to the marriage
  • Tax consequences of alimony
  • Whether either spouse committed adultery

Alimony may be modified or terminated under specific situations, including:

  • The death of either spouse
  • The paying spouse reaches retirement age
  • There is a significant change in the couple's financial circumstances
  • The paying spouse suffers severe health issues

Related Articles

What Is a No-Fault Divorce, When Did It Start and Why It Can Be Bad What Is a No-Fault Divorce, When Did It Start and Why It Can Be Bad
How to Get a Divorce: Process, Stages and Required Papers How to Get a Divorce: Process, Stages and Required Papers

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