New Hampshire Divorce Basics
Divorce in New Hampshire is known as Absolute Divorce or Divorce from the Bonds of Matrimony.
Residency Requirement:
To file for divorce in New Hampshire both parties must be domiciled in New Hampshire; the Plaintiff (filing spouse) is domiciled in the state; or the Plaintiff was domiciled in the state for a continuous one year period immediately before commencing the divorce action.
Proof that a person obtaining a Divorce from the Bonds of Matrimony in another jurisdiction was domiciled in this state within 12 months prior to the commencement of the proceeding, and resumed residence in this state within 18 months after the date of his/her departure, or at all times after his/her departure from New Hampshire and until his/her return maintained a place of residence within the state, shall be acceptable evidence that the person was domiciled in the state when the divorce proceeding was commenced.
A divorce obtained in another jurisdiction shall be of no force or effect in New Hampshire, if both parties to the marriage were domiciled in the jurisdiction of New Hampshire at the time the proceeding for the divorce was commenced.
Filing:
A Petition for Divorce from the Bonds of Matrimony must be filed in the Superior Court of the county where either party lives, and notice of the Petition must be given to the Respondent (non-filing spouse). If the parties file a Joint Petition, notice or further service is not required.
Service of Notice:
Service within New Hampshire shall be made by either of the following methods:
A sheriff, in hand or by leaving an attested copy of the Petition, Orders of Notice, and an Appearance form at the respondent's abode, within 25 days of receipt of Orders of Notice. The return of service shall state the street and number, or some other description, of the abode. The petitioner shall file the Return of Service with the court as proof of service;
Certified mail, return receipt requested, restricted delivery, mailed within 7 days of receipt of Orders of Notice, signed by the addressee only. The petitioner shall file the return receipt with the court as proof of service.
In lieu of service as described above for in-state, the court may, after issuing orders of notice, send notice to the respondent indicating that the petition has been filed and that the respondent or the respondent's attorney may accept service at the court within 10 days. If neither the respondent nor his/her attorney accepts service at the court within 10 days as specified in the correspondence, the Petition shall be forwarded to the petitioner for service in accordance with the methods described above.
Service outside the state shall be made by either of these methods:
An officer authorized to make service of process in the state where the respondent lives. Proof of out-of-state service shall be made by a return of the officer under oath, accompanied by an official certificate of his or her official character or authority. The petitioner shall file the Return of Service with the court as proof of service;
Certified mail, return receipt requested, restricted delivery, signed by the addressee only. The petitioner shall file the return receipt with the court as proof of service.
When the residence of the respondent is not known, the petition shall state the respondent's last known post office address, and the name and post office address of some near relative of the respondent, if any is known to the petitioner, and otherwise the name and post office address of some friend of the respondent, such facts to be verified by the petitioner's personal affidavit filed with the petition.
The petitioner shall file the petition with the court together with the name and address of a newspaper published in the city or town nearest to the respondent's last known address. Service shall then be ordered by publication in the newspaper, with publication to be completed not less than 15 days before the return date, and by certified mail addressed to the respondent, care of the relative or friend of the respondent, or otherwise as the court may order. Publication may be waived for good cause upon motion to the court.
Reconciliation:
Whenever, before or during a hearing but before a final decree, the court determines that there is a likelihood for rehabilitation of the marriage relationship, it shall refer the parties to an appropriate counseling agency within its jurisdiction. If the court determines that there is a reasonable possibility of reconciliation, it shall continue the proceedings and require that both parties submit to marriage counseling.
In the Case of Minor Children:
In the event of any divorce or separation action where there are minor children involved, the court shall, no later than the respondent's filing of an appearance, require the parties to attend a 4-hour information session. This session shall be a seminar on how to help the children deal with the issues surrounding divorce, separation, and the allocation of parental rights and responsibilities.
Spouse’s Name:
In any divorce or nullity of marriage proceeding, the court may restore a former name of the spouse, regardless of whether this request had been included in the original Petition.
The clerk of the superior court for each county, at the end of each term of court, shall return a full and correct list of all changes of names that have been decreed by the court since the last return, to the registrar of vital records.
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Civil Union and Same Sex Marriage
As of January 1, 2010, no new civil unions were allowed in New Hampshire.
Up until January 1, 2011, parties to New Hampshire civil unions were permitted to apply to the clerk of the town or city in which their civil union was recorded to have their civil union legally designated and recorded as a marriage, without any additional requirements of payment of marriage licensing fees or solemnization as required by statute (RSA 457), unless the civil union had been previously dissolved or annulled. These parties also had the option of applying and receiving a marriage license and having the marriage solemnized, provided that the parties were otherwise eligible to legally marry and that the parties to the marriage were the same as the parties to the civil union. The civil unions were then dissolved by operation of law by the marriage, as of the date of the marriage stated in the newly obtained marriage certificates.
Parties to civil unions already established prior to January 1, 2010, who did not convert/transform their union into a marriage prior to January 1, 2011, shall be deemed to be married as of January 1, 2011 and these civil unions were merged into such marriage by operation of law on January 1, 2011.
A civil union legally contracted outside of New Hampshire shall be recognized as a marriage in this state, provided that the relationship does not violate the statutes.
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