Divorce Lawyers in New Hampshire
How to File For Divorce in New Hampshire?
The processes for filing for divorce vary between each state. To file for divorce in the state of New Hampshire, a couple or individual can file a petition that expresses their desire to divorce. If one spouse does not participate in the initial filing, they will receive the individual divorce petition from the other party and will be informed about the next steps of their case. The initial filing procedures can be completed even if the couple has disagreements about property division, child custody, or other matters. Those details will be sorted out as the case progresses.
Upon filing for divorce, each spouse must provide financial information and general details about themselves and their marriage. If a couple has minor children, they must complete additional forms that describe their parenting plan and other information. Divorcing couples that have disagreements about the details of their divorce may need to complete mediation proceedings or appear in court.
Divorce vs. Legal Separation
In some cases, legal separation is a better option for a couple than divorce. Legal separation differs from divorce because rather than a complete dissolution of the marriage, it is a less permanent agreement that still allows a couple to establish distance. However, legal separation must still be officially established and does involve a filing process as well as potential further litigation.
New Hampshire Divorce FAQ
Is New Hampshire a No-Fault Divorce State?
Yes, New Hampshire is a no-fault divorce state. This means that, when filing for divorce, a couple does not need to cite any specific reason for dissolving their marriage. Marriages in no-fault divorce states may be terminated based on “irreconcilable differences,” which means that the couple has reached a point of disagreement that cannot be repaired. No-fault divorces may be less complicated than divorces that rely on the establishment of fault.
Although citing a reason for divorce is not necessary in the state of New Hampshire, cases can be filed with a specific reason as the focus. A couple may divorce based on reasons such as:
- Criminal activity
There can also be other reasons not listed above. Fault-based cases can be complex, but may give one spouse more leverage in disputes such as property division and custody battles.
How Long Does it Take to Get a Divorce in New Hampshire?
The actual court proceedings that lead to the granting of a divorce usually take 1 to 2 months. However, mediation and agreeing on the division of assets can sometimes take longer depending on whether or not the divorce is contested.
Does New Hampshire Have Residency Requirements for Divorce?
Yes. In order for a New Hampshire court to have jurisdiction over your divorce proceedings, both you and your spouse must be living in New Hampshire at the time of filing for divorce. The individual filing for divorce must have lived in New Hampshire for a minimum of 1 year prior to filing.
Assistance During Every Step of Your Case
At Upton & Hatfield, LLP, our New Hampshire divorce attorneys can help you throughout the entire divorce process. The litigation involved with resolving a divorce case goes well beyond the initial filing. Every divorce case is different, and some cases may involve complex disagreements that require mediation and extensive litigation to resolve.
Once a couple agrees to a divorce, they must determine how property will be distributed, how the custody of any children will be granted, and if the payment of alimony and child support will be necessary. Our legal team can provide advice on these matters and will work with you to resolve disagreements.
Representation for Your New Beginning
Divorce is one of the most delicate areas of the law. Even the least complicated, most amicable divorce case involves complex legal processes that require the assistance of an experienced attorney. Additionally, attorneys must offer more than legal advice. We understand that the decisions made during your divorce case will inform the outlook of the rest of your life.
Upton & Hatfield, LLP has provided legal assistance to people throughout New Hampshire for over 100 years, and can use our experience to provide you with guidance and support throughout your case. Contact us today to discuss your needs with our divorce lawyers in New Hampshire.
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