| STATE PROCEDURES |
| Can I change my name in New Hampshire divorce proceedings? |
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In New Hampshire, either spouse may change his or her name to a name held before the marriage.
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| What is Rule 1.25-A? |
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Rule 1.25-A sets forth numerous requirements for exchange of documents by spouses in a divorce proceeding. However, the parties can agree to limit their document exchange under Rule 1.25-A by stating their desire to do so on the Final Decree on Petition for Divorce that is signed by the parties. Then, the parties need only exchange Financial Affidavits, which should have already been exchanged by the time the Final Decree is filed with the Court. To view Rule 1.25-A in its entirety, click here.
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| What are the New Hampshire residency requirements for filing for divorce? |
At least one of the follow requirements must be met to file for divorce in New Hampshire: - Both parties live in New Hampshire at the time the divorce is filed. or
- The spouse who files for divorce (Petitioner) has lived in New Hampshire for at least one year at the time the divorce is filed.
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| How much is the filing fee in New Hampshire? |
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The DivorceWriter price does NOT include the filing fee charged by the court clerk when you file for divorce. The divorce filing fee is $250.00 (no minor children) and $252.00 (with minor children) statewide as of June 2017 although that amount is subject to change at the discretion of the state.
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| What are the grounds for filing for divorce in New Hampshire? |
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The no-fault ground for divorce in New Hampshire is that irreconcilable differences have caused the irremediable breakdown of the marriage.
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| Does New Hampshire require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce? |
With very limited exceptions, all divorcing parents are required to attend the Child Impact Program (CIP), which is a four hour seminar that is required by law to help parents deal with the impact that divorce often has on children.
A parent who would like to obtain the Court's permission to NOT take attend the program must file an Exemption Affidavit swearing that one of the following circumstances exists:- The parent seeking an exemption from attendance is incarcerated; or
- The parent seeking an exemption has already attended previously.
- Additionally, the Court might allow an exemption "on any basis it deems appropriate, including, but not limited to, domestic violence, transportation or child care."
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| Where do I file my divorce papers in New Hampshire? |
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Generally, divorces are filed in the closest family division in the county where either of the spouses live. The Family Division operates in 25 locations across the state in nine counties: Belknap, Carroll, Coos, Grafton, Hillsborough, Merrimack , Rockingham, Strafford and Sullivan. Note: Only the Goffstown, Manchester and Merrimack Family Division locations are open in Hillsborough County at this time.
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| CUSTODY, VISITATION, SUPPORT |
| What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines? |
According to Section 458-C:5 of the New Hampshire Child Support Guidelines, the following are acceptable special circumstances that may justify a child support amount that is greater or lesser than the child support calculation under the Guidelines:- Ongoing extraordinary medical, dental or education expenses, including expenses related to the special needs of a child, incurred on behalf of the involved children.
- Significantly high or low income of the obligee or obligor. In considering an adjustment when one or both parents have high income, the court shall consider whether the child support amount derived from application of the guidelines substantially exceeds the child's or children's reasonable needs, taking into account the style of living to which the child or children have become accustomed or will experience in either party's home. In considering an adjustment when one or both parents have low income, the court shall determine how to optimize use of the parents' combined incomes to arrive at the best possible outcome for the child or children, provided that the basic support needs of the child or children are met. In making this determination, the court may consider income tax consequences, the earned income tax credit, the allocation of the right of a parent to claim a child as a dependent for income tax purposes, and other child-related tax benefits.
- The economic consequences of the presence of stepparents, step-children or natural or adopted children.
- Reasonable expenses incurred by the obligor parent in exercising parental rights and responsibilities, provided that the reasonable expenses incurred by the obligee parent for the minor children can be met regardless of such adjustment.
- The economic consequences to either party of the disposition of a marital home made for the benefit of the child.
- The opportunity to optimize both parties' after-tax income by taking into account federal tax consequences of an order of support, including the right to claim the child or children as dependents for income tax purposes.
- State tax obligations.
- Parenting schedule. Equal or approximately equal parenting residential responsibilities in and of itself shall not eliminate the need for child support and shall not by itself constitute ground for an adjustment. In considering requests for adjustments to the application of the child support guidelines based on the parenting schedule, the court may consider the following factors: (A) Whether, in cases of equal or approximately equal residential responsibility, the parties have agreed to the specific apportionment of variable expenses for the children, including but not limited to education, school supplies, day care, after school, vacation and summer care, extracurricular activities, clothing, health insurance costs and uninsured health costs, and other child-related expenses. (B) Whether the obligor parent has established that the equal or approximately equal residential responsibility will result in a reduction of any of the fixed costs of child rearing incurred by the obligee parent. (C) Whether the income of the lower earning parent enables that parent to meet the costs of child rearing in a similar or approximately equal style to that of the other parent.
- The economic consequences to either party of providing for the voluntary or court-ordered postsecondary educational expenses of a natural or adopted child.
- Other special circumstances found by the court to avoid an unreasonably low or confiscatory support order, taking all relevant circumstances into consideration.
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| PROPERTY AND DEBTS |
| Why do I have to complete financial disclosures in an uncontested divorce? |
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More than half of the states require one or both spouses to complete a document listing th... more
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