New Hampshire Divorce

STATE OF NEW HAMPSHIRE DIVORCE PACKAGE
MINOR CHILDREN
With or Without Property

Prepared by U.S. Legal Forms, Inc.

Copyright 2016 - U.S. Legal Forms, Inc.

Control Number NH–006-D

This packet contains the following:

1. Information about Divorce

2. Form List

3. Form Explanations

4. Instructions and Steps

5. Checklist

6. Access to Law Summary

You and your spouse must agree to all terms of the divorce to use this packet.

All forms to be filed with the clerk must be printed on bond paper.

INFORMATION ABOUT DIVORCE

1. WHO MAY USE THESE FORMS: You may use the forms in this package only when all of the following facts are true:

(a) Irreconcilable differences which have caused the irremediable breakdown of the marriage;

(b) There are no minor children of said marriage, and the wife is not now pregnant. All children of the marriage are over the age of twenty-one (21) and emancipated;

(c) You and your spouse agree on all terms of the divorce.

2. THE BASICS: In a typical divorce, there are basic two requirements that must be met before you can file for a divorce. Those requirements are below:

(a) You must satisfy the residency requirements.

(b) You must satisfy the no-fault procedures.

An action for divorce is filed either in the Superior Court or Family Division. The Family Division operates in 10 locations across the state located in three counties: Grafton, Rockingham and Sullivan. If a person or their spouse resides in any other county beside the counties that are listed under Family Division, they may file in the Superior Court. The title of the action initiating the divorce is a Petition for Divorce, while the action granting the divorce is referred to as a Decree of Divorce. The party filing the action for divorce is the Petitioner, and the other party to the divorce is called the Respondent. A divorce in New Hampshire may be filed in the county where either spouse resides. NHRS 458:9

3. RESIDENCY REQUIREMENTS: To file a divorce in the State of New Hampshire, the courts require that:

(a) Both parties must reside in the State at the time the action is filed, or;

(b) The plaintiff resides in the State and the defendant was personally served within the State, or;

(c) The plaintiff resided in the State for one year immediately prior to the filing of the action.

4. GROUNDS FOR DIVORCE: New Hampshire law permits divorces based upon irreconcilable differences that have caused the irremediable breakdown of the marriage. This package is only for this ground. NHRS 458:7, 7a

New Hampshire also allows for a divorce on the following grounds:

1. Impotency of either party;

2. Adultery of either party;

3. Extreme cruelty of either party to the other;

4. Conviction of either party, in any state or federal district, of a crime punishable with imprisonment for more than one year and actual imprisonment under such conviction;

5. When either party has so treated the other as seriously to injure health or endanger reason;

6. When either party has been absent 2 years together, and has not been heard of;

7. When either party is a habitual drunkard, and has been such for 2 years together;

8. When either party has joined any religious sect or society which professes to believe the relation of husband and wife unlawful, and has refused to cohabit with the other for 6 months together;

9. When either party, without sufficient cause, and without the consent of the other, has abandoned and refused, for 2 years together, to cohabit with the other; and,

10. Irreconcilable differences which have caused the irremediable breakdown of the marriage. NHRS 458:7, 7a

5. LEGAL SEPARATION: This package contains form for DIVORCE, not for Legal Separation. This information on Legal Separation is provided for your information only. A legal separation cannot be obtained using the forms in this package.

A legal separation is different than a divorce. A legal separation is a court determination of the rights and responsibilities of a husband and wife arising out of the marital relationship. A decree of legal separation does not terminate the marital status of the parties, and the parties are not free to marry again. In order to review additional information, please see, NHRS 458:26.

6. MEDIATION/COUNSELING: If the court determines that there is a reasonable likelihood that the marriage may be rehabilitated; the court may refer the parties to an appropriate counseling agency. If both parties voluntarily state that mediation will be attempted to reach a mutually agreeable arrangement, the court shall suspend the divorce proceedings in order to permit the parties to pursue the settlement. NHRS 458:7b, 15a

7. WAITING PERIODS: There is no mandatory waiting period for an uncontested divorce. If the case were to be heard on its merits (contested), there would be a 30-day waiting period from the time of filing.

8. DISTRIBUTION OF PROPERTY: In a divorce, the property such as land, house, buildings, and items of personal property owned by the couple is divided between the parties. Debts owed are also allocated to one party or the other, or both. This is accomplished by means of a Permanent Stipulation. You and your spouse must agree to the property and debt division and memorialize your agreement in the Permanent Stipulation, which will be incorporated by reference into the Decree of Divorce that ultimately ends your marriage. You may agree to divide the property any way you like, as long as a basic fairness is maintained, and you both agree. If you cannot agree on any item of this division, the dissolution of marriage transforms into a contested divorce. A contested divorce is outside the scope of this packet.

9. ALIMONY: Because this is an agreed divorce, you will decide issues of spousal “alimony”-- the periodic payment of money from one spouse to the other on a temporary or permanent basis. The forms in this no-fault divorce package assume that no alimony will be paid and none will be sought-- but you may add provisions for alimony to the Permanent Stipulation if you desire. In a contested case, the courts might award alimony. A contested divorce is beyond the scope of this divorce package. You should consult a local attorney regarding the possibilities concerning alimony if you have questions or foresee conflict regarding this issue. In order to review additional information, please see, NHRS 458:19.

10. NAME CHANGE: The court may restore the former name of a spouse regardless of whether a request was included in the divorce papers. If a name change is desired, it should be requested. NHRS 458:24.

11. CHILD CUSTODY/VISITATION: The court shall determine custody in accordance with the best interests of the child. The court shall consider all relevant factors including:

(a) The wishes of the child's parents as to custody and the proposed parenting plan submitted by both parties;

(b) The needs of the child for a frequent, continuing and meaningful relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child;

(c) The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child's best interests;

(d) Which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent;

(e) The child's adjustment to the child's home, school, and community;

(f) The mental and physical health of all individuals involved, including any history of abuse of any individuals involved.

(g) The intention of either parent to relocate the principal residence of the child; and

(h) The wishes of a child as to the child's custodian.

12. PARENTING PLAN: The petitioner and respondent shall submit a proposed parenting plan, either individually or jointly, within thirty days after service of process or the filing of the entry of appearance, whichever event first occurs of a motion to modify or a petition involving custody or visitation issues. The proposed parenting plan shall set forth the arrangements that the party believes to be in the best interest of the minor children and shall include but not be limited to:

(a) A specific written schedule detailing the custody, visitation and residential time for each child with each party including:

(i) Major holidays stating which holidays a party has each year;

(ii) School holidays for school-age children;

(iii) The child's birthday, Mother's Day and Father's Day;

(iv) Weekday and weekend schedules and for school-age children how the winter, spring, summer and other vacations from school will be spent;

(v) The times and places for transfer of the child between the parties in connection with the residential schedule;

(vi) A plan for sharing transportation duties associated with the residential schedule;

(vii) Appropriate times for telephone access;

(viii) Suggested procedures for notifying the other party when a party requests a temporary variation from the residential schedule;

(ix) Any suggested restrictions or limitations on access to a party and the reasons such restrictions are requested;

(b) A specific written plan regarding legal custody which details how the decision-making rights and responsibilities will be shared between the parties including the following:

(i) Educational decisions and methods of communicating information from the school to both parties;

(ii) Medical, dental and health care decisions including how health care providers will be selected and a method of communicating medical conditions of the child and how emergency care will be handled;

(iii) Extracurricular activities, including a method for determining which activities the child will participate in when those activities involve time during which each party is the custodian;

(iv) Child care providers, including how such providers will be selected;

(v) Communication procedures including access to telephone numbers as appropriate;

(vi) A dispute resolution procedure for those matters on which the parties disagree or in interpreting the parenting plan;

(vii) If a party suggests no shared decision-making, a statement of the reasons for such a request;

13. CHILD SUPPORT: In a proceeding for dissolution of marriage, legal separation or child support, the court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable or necessary for the support of the child, including an award retroactive to the date of filing the petition, without regard to marital misconduct, after considering all relevant factors including:

(a) The financial needs and resources of the child;

(b) The financial resources and needs of the parents;

(c) The standard of living the child would have enjoyed had the marriage not been dissolved;

(d) The physical and emotional condition of the child, and the child's educational needs;

(e) The child's physical and legal custody arrangements, including the amount of time the child spends with each parent and the reasonable expenses associated with the custody or visitation arrangements; and

(f) The reasonable work-related child care expenses of each parent.

For more information, see the New Hampshire Divorce Law Summary.

FORMS LIST

This is a list of the forms you will need. You must obtain the Vital Statistics and Permanent Stipulation, from the clerk of the court where you intend to file the forms.

1. Joint Petition for Divorce (NH-NHJB-2058-FS)

2. Personal Data Sheet (NH-NHJB-2077-FS)

3. Financial Affidavit (NH-NHJB-2065-FS)

4. Uniform Support Order (NH-NHJB-2066-FS)

5. Child Support Guidelines Worksheet (NH-NHJB-2101-FS)

6. Parenting Plan (NH-NHJB-2064-FS)

7. Parenting Plan Instructions (NH-NHJB-2064-FS-INST)

8. Decree on Parenting Plan (NH-NHJB-2078-FS)

9. Temporary Decree on Divorce or Legal Separation (NH-NHJB-2072-FS)

10. Vital Statistics (You must pick up this form from the clerk.)

11. Permanent Stipulation (You must pick up this form from the clerk.)

12. Final Decree on Divorce or Legal Separation (NH-NHJB-2071-FS)

Note: Depending on your County additional forms may be required that are County-specific. These forms will be available from the Clerk.

FORM EXPLANATIONS

All forms included in this package (or that you will need to obtain from the clerk) are identified below.

1. Joint Petition for Divorce (NH-NHJB-2058-FS) – This document contains the legal details of your request for a divorce. The Joint Petition is signed by both you and your spouse.

2. Personal Data Sheet (NH-NHJB-2077-FS) – This is an information form for the court’s use. Must be signed by both spouses.

3. Financial Affidavit (NH-NHJB-2065-FS) – You and your spouse must each complete a separate copy of this form, describing all aspects of your finances.

4. Uniform Support Order (NH-NHJB-2066-FS) – This document contains the child support and medical support information the person seeking the order should need. The Uniform Support Order is signed by the person seeking support and their spouse.

5. Child Support Guidelines Worksheet (NH-NHJB-2101-FS) – This document is to list all financial earnings and medical insurance information to determine child support. The Worksheet is to be signed by whoever has prepared the document.

6. Parenting Plan (NH-NHJB-2064-FS) – This document is to be used to determine child custody issues. The Parenting Plan is to be signed by both you and your spouse.

7. Decree on Parenting Plan (NH-NHJB-2078-FS) – This document is grants both the Uniform Support Order and Parenting Plan once agreed upon. The Decree is to be signed by both you and your spouse.

8. Temporary Decree on Divorce or Legal Separation (NH-NHJB-2072-FS) – This document is only necessary if there are matters to be resolved before the divorce is final, such as temporary custody of the children and who will temporarily remain in the family home.

9. Vital Statistics – You and your spouse must complete the section that pertains to each of your personal information. (You must pick up this form from the clerk).

10. Permanent Stipulation – This is the agreement by which you and your spouse divide all of your marital property, assets and debts. This agreement, if approved by the judge, will be incorporated into the final Decree of Divorce in your case. (You must pick up this form from the clerk).

INSTRUCTIONS AND STEPS

Note: If a form contains a space for the signature of a Notary Public, it must be signed by you (and if necessary by your spouse) in front of a Notary Public, who must notarize the document. Prepare an original and several copies of each of your completed documents. Your spouse should have a copy of everything you file, stamped “filed” by the clerk. You should keep copies and the court must have originals.

STEP 1: In cooperation with your spouse, fill out the following forms:

Form 1- Joint Petition for Divorce

You and your spouse must both sign this form in front of a Notary Public. Leave spaces for attorney signatures blank if you are representing yourself.

Form 2- Personal Data Sheet

You and your spouse must both sign this form. Your spouse must sign in the blank for the “if joint petition.”

Form 3- Financial Affidavit

Make two copies of this form. You must fill out and sign one copy. Your spouse must fill out and sign the other copy.

Form 4- Uniform Support Order

You and your spouse must both sign this form in front of a witness. Your spouse must sign in the blank for the “Obligee.”

Form 5- Child Support Guidelines Worksheet

You sign this form in the blank for the “Prepared by.”

Form 6- Parenting Plan

You and your spouse must both sign this form in front of a witness.

Form 7- Decree on Parenting Plan

You and your spouse must both sign this form in front of a witness. Your spouse must sign in the blank for the “Respondent Signature.”

Form 8- Temporary Decree on Divorce or Legal Separation

You and your spouse must both sign this form. Your spouse must sign in the blank for the “Respondent Signature.”

Form 9- Vital Statistics

You and your spouse must fill out this form, no signature required.

Form 10- Permanent Stipulation

You and your spouse must both sign the agreement in front of a Notary Public. (You must pick this form up from the clerk).

Form 11- Final Decree on Divorce or Legal Separation

You and your spouse must both sign this form. Your spouse must sign in the blank for the “Respondent Signature.”

STEP 2: Make multiple copies of your prepared documents (Forms 1-2). Go to the Superior or Family Division Court for the county in which you are filing and FILE completed Forms 1-2 with the court clerk. You will have to pay a filing fee- call ahead to determine amount and acceptable forms of payment. Retain stamped “Filed” copies of your forms, make copies, and mail or deliver a copy of each stamped “Filed” form to your spouse. You must do this immediately after filing the documents.

STEP 3: You and your spouse will both need to attend a Child Impact Seminar to proceed in your divorce procedure, which you should both receive a notice to attend. You may attend the class separately or together. Both you and your spouse must complete the seminar within 45 days of the date of the Notice. A certificate of completion of the seminar will be forwarded to the Court by the seminar provider. Once the Court receives the certificate, you may proceed to the next step.

STEP 4: Make multiple copies of your prepared documents. Go to the Superior or Family Division Court for the county in which you are filing and FILE completed Forms 3-10 (only Form 8 if necessary) with the court clerk. You will have to pay a filing fee- call ahead to determine amount and acceptable forms of payment. Retain stamped “Filed” copies of your forms, make copies, and mail or deliver a copy of each stamped “Filed” form to your spouse. You must do this immediately after filing the documents.

STEP 5: File the agreement called a Final Decree on Divorce or Legal Separation. Once all the paperwork has been completed, you may write a letter to the court requesting a final hearing. The court will notify both sides of an uncontested hearing date. At least one party needs to appear in court on that day. The court will inform you when your divorce becomes final.

CHECKLIST

Forms 1-2 completed and filed, as per instructions.

Filing Fee Paid.

Attend Child Impact Seminar

Forms 3-10 completed and filed, as per instructions.

Filing Fee Paid.

Decree of Divorce filed.

Hearing date set and at least one party member appears in court on that day.

Notification sent to the parties informing that the Divorce is final.

NOTE ABOUT COMPLETING THE FORMS

The forms in this packet may contain “form fields” created using Microsoft Word. “Form fields” facilitate completion of the forms using your computer. They do not limit you ability to print the form “in blank” and complete with a typewriter or by hand.

If you do not see the gray shaded form fields, go the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that resembles a shaded letter “a”. Click in this button and the form fields will be visible. If they do not become visible, then they were not included in this form package.

To complete the forms click on the gray shaded areas and type. You may also change other words in the document if the document is not locked. The separation agreement is a good example of a document that is not locked and allows you to make modifications outside the gray shaded areas.

Some forms may be locked which means that the content of the forms cannot be changed while the form is locked. You can only fill in the information in the fields. If you need to make any changes in the body of the form, it is necessary for you “unlock” or “unprotect” the form. IF YOU INTEND TO MAKE CHANGES TO THE CONTENT, DO SO BEFORE YOU BEGIN TO FILL IN THE FIELDS. IF YOU UNLOCK THE DOCUMENT AFTER YOU HAVE BEGUN TO COMPLETE THE FIELDS, WHEN YOU RELOCK, ALL INFORMATION YOU ENTERED WILL BE LOST. To unlock, click on “Tools” in the Menu bar and then selecting “unprotect document”. You may then be prompted to enter a password. If so, the password is “uslf”. That is uslf in lower case letters without the quotation marks. After you make the changes relock the document before you begin to complete the fields. After any required changes re-lock the document, then click on the first form field and enter the required information. You will be able to navigate through the document from form field to form field using your tab key. Tab to a form field and insert your data. If you experience problems, please let us know.

LAW SUMMARY

You may access the law summary for your State by using the link below:

http://secure.uslegalforms.com/lawsummary/NH/NH-004-D.htm

DISCLAIMER

These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the STATE OF NEW HAMPSHIRE. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.

THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THESE FORMS WERE PREPARED FOR STATEWIDE USE. HOWEVER, SOME COUNTIES OR JUDGES MAY REQUIRE CERTAIN MODIFICATIONS TO THE FORMS FOR USE IN YOUR PARTICULAR COUNTY AND MAY REQUIRE SPECIAL FORMS NOT INCLUDED. CHANGES REQUIRED BY PARTICULAR JUDGES ARE NOT UNCOMMON EVEN IF THE FORMS HAD BEEN PREPARED BY YOUR ATTORNEY. REGARDLESS, YOU SHOULD BE ABLE TO USE THESE FORMS AND INSTRUCTIONS, WITH ANY REQUIRED MODIFICATIONS, TO MAKE IT THROUGH THE PROCESS. IF YOU NEED TO MAKE CHANGES, OR IF SPECIAL FORMS ARE REQUIRED IN YOUR COUNTY, YOU CAN MAKE THE CHANGES AND REFILE, OR OBTAIN THE SPECIAL FORMS EITHER FROM THE CLERK OR A CLOSED DIVORCE FILE WHICH YOU CAN USE AS AN EXAMPLE.

Additional Notes