Uncontested Divorce in New Hampshire

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Is your marriage sapping the peace out of your life? Are you rethinking about your relationship? Is the word "divorce" coming in your minds again and again? If you think you have put all efforts to save your marriage but failed, you should move on and file for a permanent separation. Sometimes divorcing couples suffer from indecision regarding their relationship while bothering about the troublesome courtroom procedures. Today you can go for mutual dissolution in order to avoid lengthy proceedings and attorney fees. The concept of uncontested procedure has gained popularity over the past few decades. New Hampshire in the United States has developed state laws that specify procedures and requirement for such case. Married partners who want to obtain an uncontested divorce in New Hampshire should meet the requirements and follow the specified procedures.

In this state, the divorcing partner filing in the court is referred to as a Petitioner. The other divorcing partner is termed as the Respondent. The Superior Court is the place where the action is filed.

Every court case has a number of aspects. It is not possible to include all those aspects here. Yet we have tried to gather some significant information that are common for almost all cases.

Venue and Residency requirements for Uncontested Divorce in New Hampshire

The county wherein anyone of the spouses resides is the place where the action is filed.

Following are the residency criteria:

  • At the time of filing, both the divorcing parties must reside in New Hampshire.
  • The divorcing partner who files the action must have resided in the state for minimum 1 year.
  • The Respondent must be personally served in this state.

Grounds of Uncontested Divorce in New Hampshire

The general grounds of marital dissolution are as follows:

  • Mental illness
  • Residing apart and separate in the absence of cohabitation for 2 years
  • Habitual intemperance (drunkenness for 2 years)
  • Extreme cruelty
  • Desertion in the absence of support of husband for a span of 2 years
  • Reasonable apprehension of physical abuse or actual physical abuse
  • Imprisonment for more than a year
  • Abandonment and not being heard of for 2 years
  • Adultery
  • Impotence

The no-fault grounds indicate that there are irreconcilable differences between the divorcing partners and this has caused irremediable breakdown of the marriage. One of the divorcing partners has gravely endangered or affected the health of the other party.

Forms related to the court procedure

The Petitioner is supposed to file the below mentioned forms:

  • A Petition for Divorce: This document comprises of the following information:
    • Identification of the parties
    • Grounds for the termination of marriage
    • A request for temporary orders, if required
  • A Vital Statistics form: The purpose of this form is to maintain records.
  • Financial Affidavits: Both the divorcing partners have to complete this form. It serves as a profile of the finances of the party.
  • A Personal Data Sheet: This form is used to provide information regarding the divorcing couple to the court.
  • A Final Degree of Divorce or Legal Separation: The Court terminates the marriage by using this form.

In case the divorcing couple has minor children then it is essential to file all the above mentioned forms and the forms indicated below:

  • Child Support Guidelines Worksheet: In this document, the calculations made to determine child support are included.
  • A Uniform Support Order: The terms and conditions of child and spousal support are mentioned.
  • A Parenting Plan: This form comprises of the terms and conditions of visitation and custody.
  • A Certificate of Completion of Child Impact Seminar: It is a certificate mentioning that the divorcing parents have attended the program known as Children First. This 4 hour program is compulsory for the parents of minor children.

Once all the required forms are filed, the court will notify the Respondent mentioning that he/ she should collect a copy of the Petition. An appearance form and a notice to Respondent are attached to the copy of the Petition. The Respondent needs to enter an Appearance within 15 days. Once the Respondent enters an Appearance within the stipulated time, the uncontested procedures get started.

Divorce is undoubtedly a topic that leads to long-term effects on the lives of the divorcing partners as well as their children. Each divorcing couple should handle their case carefully so that the lives of their children are not hampered by such occurrence. There are certain programs that guide the parents in this regard and it is mandatory that the parents should attend such programs.

You should keep in mind all the vital points that are relevant in your uncontested case in New Hampshire. Try to be patient and unbiased in your approach while resolving issues along with your partner. In this way you can reduce the chances of making your divorce a bad experience.

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