New Hampshire divorce online
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Residency Requirements
To file for a divorce in New Hampshire, both spouses should be residents of the state when the action initiated. The filing spouse must be a resident for at least 12 months before filing when the respondent is process served in a different state, or the divorce may be initiated if the filing party resides within the state and the respondent is served with process service within the state.
Reasons for Divorce in New Hampshire
New Hampshire's no-fault ground for divorce is based on irreconcilable differences, with no possibilities of reconciliation.
Other reasons that are recognized by the court are as follows: impotence, adultery, extreme cruelty and inhumane treatment, incarceration for more than 12 months, desertion for up to 24 months with no communication, habitual drinking for a period of more than 24 months, refusal to cohabit for a period of 180 days, etc.
Parenting Issues
New Hampshire's courts will award custody based on the best interests of the child. The court encourages the parents to reach an agreement; otherwise the court will intervene and will decide after considering relevant factors that provide both parents with fair treatment. Joint legal custody is preferable, but sole legal custody may be awarded if parents can justify why they do not want it to be joint.
Child Support
In calculating the child support obligation, New Hampshire's child support guidelines apply in any case unless a special issue is present. The parents’ gross incomes and child-related expenses are also taken into consideration upon calculation. Support normally ends when the child reaches 18 years of age and may continue through secondary education. It also ends when the child gets married or begins military service.
Venue
Divorce action can be filed in the county where either spouse resides. Several counties in New Hampshire conduct divorce actions in the Superior Court and other counties conduct divorce proceedings in the new Family Court system.
Filing Fees
Remember to ask your county’s court officer about filing fees, since our fee excludes court filing fees — which differ from county to county.