New Hampshire Divorce Forms & Papers

Divorce Papers > New Hampshire Divorce Forms & Papers

When filing for a divorce in the state of New Hampshire, one must fulfill all the necessary residential requirements of the state, failing to which the divorce plea might not get approved. New Hampshire divorce forms and papers can be obtained from the county or even online when you are doing a divorce all by yourself. If not a professional lawyer can also help you with the filing process provided you do not mind paying extra towards a lawyer's fee.

Residential Requirements for the state of New Hampshire:

1) Both spouses must be residents of the state the divorce is filed for; or 2) the spouse filing for divorce must have been a resident of New Hampshire for one year immediately prior to filing for divorce; or 3) the cause of divorce must have arisen in New Hampshire and one of the spouses must be living in New Hampshire when the divorce is filed for. The divorce may be filed for in a county where either spouse resides. [New Hampshire Revised Statutes Annotated; Chapters 458:5, 458:6, 458:9]. For more information on filing divorce see our page on Steps to file for a divorce.

Grounds for Divorce in the state of New Hampshire:

The only no-fault ground for divorce in New Hampshire is: Irreconcilable differences which have caused the irremediable breakdown of the marriage. [New Hampshire Revised Statutes Annotated; Chapter 458:7].

Whereas on the other hand, the grounds for a fault based divorce ranges from: 1) adultery, 2) impotence, 3) abandonment for 2 years or more, 4) imprisonment, 5) physical abuse, 6) desertion, 7) cruelty, 8) mental abuse, 9) intemperance or 10) living separate without cohabitation for over 2 years.

Do It Yourself Divorce:

When doing a, "Do It Yourself Divorce", one can either do a divorce on an agreed basis or a default basis. These kinds of divorces can be done regardless the reason for a divorce.

An agreed divorce is when both the spouses agree to the divorce. The divorce decree is signed by both parties and the terms such as child custody, distribution of estate, parental responsibilities are agreed upon. This is the most common divorce in the state of New Hampshire as it is preferred by most partners.

A default divorce on the other hand is not signed by one of the partners. The divorce process is carried by one of the spouses whereas the other spouse just defaults on the case. Decisions such as property distribution and child custody are done as per the state laws and in the best interest of the child.

If there is any disagreement between the spouses as far as property distribution and child custody is concerned, it needs to be sorted in order to avoid any further legal proceedings or a trial.

Procedure to file a divorce in the state of New Hampshire:

One has to follow the three basic steps to file a divorce in the state of New Hampshire. This includes:

  • Filing the divorce papers: While filing for divorce, one should bear in mind that you fulfill the residential requirements, failing to which, your divorce plea might get rejected.
  • Notifying the spouse: The spouse get the court papers where they have to send an application to the court stating that they agree for the divorce on the grounds listed on the divorce papers.
  • Attending the court hearings: Both the spouses should be present for the court hearings as and when informed.

  1. Use these exact words, all in capital letters: THE STATE OF NEW HAMPSHIRE, SUPERIOR COURT IN AND FOR COUNTY
  2. Use these exact words, all in capital letters: PETITION FOR DIVORCE
  3. Use the word "Petitioner". Be sure the "P" is capitalized.
  4. Use the word "Respondent". Be sure the "R" is capitalized.
  5. Use these exact words, all in capital letters: DECREE OF DIVORCE
  6. Use the word "County" here.

f For detailed divorce laws in New Hampshire state, please see Laws about Divorce in New Hampshire page.

n case of missing spouse, where the partner is unable to locate his/her spouse, you may still get a divorce in the state of New Hampshire. You might also incur extra charges for putting an advertisement in the newspaper or something similar to prove your efforts to the court to locate the missing spouse.

Divorce cases in New Hampshire often include a name change. The wife can take up her maiden name if she wishes.

Free New Hampshire Divorce Forms for Download

Following divorce forms are free for download. Most of the forms are provided with instructions on how to fill the form. To download any of these divorce papers and forms just right click on the link and select "Save As...".

Child Custody Forms Forms & Documents

If you don't want to file for divorce papers directly then find Lawyers in New Hampshire for Divorce here.

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