While every state honors the marriages and divorces that take place in other states, each state also has its own requirements for getting married or divorced. These requirements can include residency, being legally separated before filing for divorce, attending mediation or parenting classes, and specific forms that must be filled out and the timeframes in which those forms must be filed. Getting divorced can be complicated and confusing, especially since the couple often has little to no experience with the process. Fortunately, a divorce attorney can walk you through the process of how to file for divorce. Call (603) 707-4800 to schedule a consultation at Friedman & Bresaw, PLLC and learn more about how our compassionate New Hampshire divorce attorneys can assist you.
Before You File for Divorce
Even before an individual files for divorce, they have likely begun the divorce process emotionally and mentally. Questioning how to file for divorce means that the individual is considering moving forward with a divorce. There are many other things they may do, or be tempted to do, during this period. For example, they may experience the stages of grief or want to announce their intention on social media.
However, individuals should use caution with what they post online prior to filing for divorce. The things they share on social media, in forums, or even private messages with others, can potentially be used against them during the divorce. If an individual is considering divorce, they should be aware of the online behavior to avoid so it cannot be used against them later or cause mental or emotional harm to themselves or their loved ones.
How to File for Divorce in New Hampshire
The first step in how to file for divorce in New Hampshire is to file a divorce complaint, also called a divorce petition. This is a legal document that tells the Court that the individual believes their marriage is broken and needs to be dissolved. This petition can be filed by one party and served on the other, if only one spouse wants the divorce, or it can be jointly filed by both spouses if both spouses agree that they want the divorce. There are several grounds which can be used to file for divorce, including the standard irreconcilable differences. There are certain things that are required automatically upon filing for divorce.
Petition for Divorce vs. Joint Petition for Divorce
A Petition for Divorce is filed when one spouse wants the divorce and the other does not. When this petition is filed, the petition must then be served on the Respondent, or the spouse that did not file the petition. This service can be accomplished in one of three ways. The Respondent can go to the court to pick up the paperwork, the Petitioner can send the paperwork via certified mail, or the Petitioner can have the sheriff serve the paperwork on the Respondent. If the paperwork is not served by one of these methods, it will be considered invalid.
A Joint Petition for Divorce is filed when both spouses agree to get divorced. They do not have to agree on anything else other than the decision to divorce in order to file a joint petition. Filing a joint petition simply says they both want the divorce. This also has the advantage of neither spouse being required to serve the other.
New Hampshire Grounds for Divorce
Irreconcilable differences is a simple reason for divorce that most states, including New Hampshire, allow. Claiming irreconcilable differences simply means that the individual or couple believes that the differences between the spouses are too significant to overcome and remain married. This reason does not require any additional details or evidence to use when filing for divorce.
Other grounds that New Hampshire allows include either spouse being impotent, extreme cruelty by either spouse, physical abuse or a reasonable fear of such abuse, abandonment for two or more years, incarceration after conviction of a crime for one year or more, or habitual drunkenness for more than two years. If one spouse joins a religious society or sect that believes relations between spouses is unlawful and the spouse refuses to cohabit for at least six months, this is also grounds for divorce. Adultery is also grounds for divorce in New Hampshire. However, individuals should note that if they claim adultery as grounds for their divorce, they will be required to name the affair partner as a co-respondent in the divorce and the affair partner will have the chance to respond. Additionally, evidence of disposition toward adultery and opportunity to commit adultery will be necessary.
Anti-Hypothecation Order
Immediately after filing for divorce, an anti-hypothecation order becomes effective against both spouses. This order prevents either spouse from being able to dispose of any real or personal property without a written agreement between both spouses, unless the property is being sold for reasonable and necessary living expenses, or in the usual and ordinary course of business.
This is done to ensure that neither spouse can sell, transfer, encumber, conceal, or in any other way, hide any assets to avoid potentially losing those assets in the divorce as part of the division of assets. Once a Final Decree for Divorce has been entered, the anti-hypothecation order is vacated and both spouses are free to do as they wish with the assets they received in the divorce.
Other Requirements That Must Be Met
In all divorces, the spouses must file accurate, updated financial affidavits which reflect their income, assets, and liabilities at every court appearance. This provides both the Court and each party’s attorney, if they choose to be represented by one, with a clear picture of the individual’s financial circumstances and assists with an appropriate division of assets and calculations of any child or spousal support that may be ordered.
If the couple shares minor children, they will be ordered to attend a Child Impact Seminar within 45 days of the petition being served on the responding spouse, or within 45 days of filing the petition if the couple filed jointly. NH RSA 458-D requires this four-hour program which helps parents learn how to successfully co-parent together post-divorce, as well as providing information and skills to help minimize the impact the divorce may have on their children. Per the New Hampshire Judicial Branch, this program costs $85, though some parents may qualify for a fee reduction. If a party does not complete this requirement and present a certificate of attendance to the Court, the case may be delayed and that party may face sanctions from the Court.
Next Steps in New Hampshire Divorce
Once the Petition for Divorce or Joint Petition for Divorce has been filed, the next steps in a New Hampshire divorce vary slightly, depending on whether the couple share minor children and whether one or both parties are represented by a divorce attorney. Some parts of the New Hampshire divorce process are required, regardless of the circumstances.
First Appearance
This step generally only applies to divorces involving minor children. The First Appearance is held within 30 days of service of the divorce complaint. At this hearing, the judge will provide information about the court process and mediation. They will also assist with scheduling the first mediation session or next court event during this appearance. While both spouses are required to attend, unless the judge finds good cause to hold separate First Appearances for each spouse, attorneys do not attend these appearances.
Case Manager Conference
This step only occurs when at least one of the parties is self-represented. New Hampshire does not require individuals to be represented by an attorney when getting divorced, but if the other spouse is represented by one, it can put the self-represented spouse at a disadvantage. The case manager levels out that advantage a bit by explaining what court documents are required for the specific case. Additionally, if both parties agree, the case manager can assist with putting any agreements the parties have into writing on their court forms. While this step does help to ensure that a self-represented individual understands the court documents, it does not necessarily do anything to protect that individual’s interests. If your spouse has hired an attorney and you are thinking of representing yourself, you may wish to speak with a seasoned divorce attorney at Friedman & Bresaw, PLLC to learn more about how an attorney may be able to assist you in protecting your interests.
Temporary Orders
Part of understanding how to file for divorce is understanding that the final divorce decree outlines specific details such as who gets which assets, child custody, child support, and spousal support. However, sometimes one or both parties need immediate relief that cannot wait for that final decree. Generally, the spouses’ attorneys will assist in attempting to resolve these matters, but in cases where an agreement cannot be made, the parties will go to court and ask the judge to issue temporary orders.
When this is necessary, the individual or their attorney will present the contested issue to the judge with supporting facts and evidence. This may apply to issues such as temporary child or spousal support, parenting plan, health insurance, or getting the other party to vacate the marital home. Once the judge hears the issue and all the facts and evidence associated with it from both sides, the judge will make a decision and issue temporary orders resolving the issue. These orders remain in effect until a final divorce decree is issued. The temporary orders and final orders may not be the same. If an individual has concerns regarding a change between the temporary and final orders, they may want to consult their attorney regarding an appeal. The divorce decree becomes final 30 days after the judge signs it, unless an appeal is filed before then.
Discovery Process
Discovery is a mandatory part of the New Hampshire divorce process for all divorces. Part of how to file for divorce is the mandatory production of certain documents within 45 days of service. Each party must produce the documents required by New Hampshire Family Division Rules of the Court Rule 1.25A. Spouses may also issue a Request for Production of Documents to get additional documents not required under Rule 1.25A. They can also issue Interrogatories, which are questions that the other spouse must provide written answers for. Both of these additional requests must be responded to within 30 days of receipt.
Mediation Sessions
The New Hampshire Family Division Rules of the Court Rule 2.13 states that in parenting petition cases, and in divorces or legal separations that involve children, the parties will be ordered to attend mediation sessions unless the Court determines it is inappropriate. Some reasons why mediation may be deemed inappropriate include if it presents an undue hardship on one party, if there is neglect or abuse of a minor child, if the parties agreed to use another alternative dispute resolution method, or if there is a finding of domestic violence. If there is a finding of domestic violence, the court may still order mediation if all parties agree to it.
Pre-Trial Conference
A pre-trial conference is held just prior to a final hearing. The purpose of this conference is to identify any contested issues, identify witnesses and exhibits, exchange documents, and complete any other matters that are still open and identified by the court. The spouses will also file and exchange pre-trial statements, which inform the court of each spouse’s status and opinion regarding any remaining administrative or substantive issues. They will also file and exchange financial affidavits, proposed decrees, and when there are minor children, uniform support orders, child support worksheets, and any proposed or agreed upon parenting plans.
Settlement or Trial
The final step in how to file for divorce in New Hampshire is either settlement or trial. Settlement occurs if the parties are able to agree on the resolution of all issues. If they do, they put these agreements in writing as a Final Decree, and present it to the Court for approval. In this case, no final hearing is necessary and the presence of the spouses is not required for the judge to sign the decree. In these uncontested cases when both parties file an agreement are effective on the date signed by the judge.
If the case goes to trial or a final hearing, the spouses will present the facts of their arguments, and the judge will decide the resolution of the issues. The judge will then issue a Final Decree that incorporates the judge’s decisions. These orders are final 30 days from the date that the judge signed them, unless one or both parties have filed an appeal.
Is Mediation Required to Get Divorced in New Hampshire?
NH RSA 461-A:7 states that any divorce or legal separation action that involves minor children and parenting petition cases may be ordered to attend mediation by the Court. Additionally, new divorces or legal separations that do not involve children and cases with or without children that return for further court orders after final orders have been issued, may also be ordered to attend mediation.
If the Court orders mediation, the judge will assist with scheduling the initial session in each case. After the initial section, the parties are required to cooperate with the mediator to schedule future sessions. Attorneys may attend mediation sessions, as long as the mediator can establish balanced opportunities for both parties to participate.
Are We Required to Legally Separate Before Divorcing?
When someone is trying to determine how to file for divorce, the topic of legal separation often arises. Many states require couples to be legally separated for a period of time before they can file for divorce or have their divorce finalized. New Hampshire is not one of those states. Legal separation is the same as divorce in New Hampshire, with the exception that the spouses cannot marry someone else.
While there is no requirement to legally separate before divorce, couples can choose to try a legal separation first. If they decide later that they would like to be divorced with the freedom to remarry, they can request that the Court convert the legal separation to a divorce. Alternatively, some couples choose legal separation as an alternative to divorce. For example, if the couple’s religion disapproves of divorce, they may opt for a legal separation instead.
How an Attorney Can Assist with Filing for Divorce in New Hampshire
Getting divorced follows a process that can be confusing and frustrating. If you do not know how to file for divorce, or make a mistake during the process, you could find that your rights and interests are compromised. To ensure that your rights and interests remain protected and you are able to fight for the outcomes that you desire, you may want to hire an attorney. An attorney may be able to assist with filling out and filing paperwork, explaining the divorce process, and helping you understand what you can and cannot do while in the process of getting divorced. Schedule a consultation with one of our knowledgeable Meredith, New Hampshire divorce attorneys at Friedman & Bresaw, PLLC by calling (603) 707-4800.
