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Uncontested Divorce in New Hampshire

New Hampshire is one of the most accessible states to get a divorce. The conditions here are quite simple and understandable; moreover, they do not require compliance with clear conditions. The uncontested divorce in New Hampshire is affordable and inexpensive. And even if the spouses have some differences, they can still dissolve the marriage easily and peacefully.

Summary of an Uncontested Divorce in New Hampshire

In many states, an uncontested divorce is possible when spouses can find a solution for all the essential terms of their termination. For example, the division of joint property, as well as the separation of custody of common children, visitation, financial support for the child, and spousal support. Spouses must be in complete agreement, and there should be no conflicts. If the spouses cannot agree, the divorce will be contested and will be considered in court.

However, in New Hampshire, an uncontested divorce is different from other states. Here, in order to obtain an uncontested dissolution, a Joint Petition must be filed. This means that the husband and wife together prepare the divorce documents, as well as submit them jointly to the court. But, they do not necessarily have a compromise on all aspects of their termination, although it would be a significant advantage. In their documents, the husband and wife indicate the questions on which they reached a compromise and those, where there are disputes. With a Joint Petition, the judge will consider all the controversial issues and make a decision.

Requirements for an Uncontested Divorce in New Hampshire

Practically everywhere, the primary condition for an uncontested divorce is the lack of any contradictions in a couple. However, in New Hampshire, this condition is not mandatory. Of course, it is okay if the husband and wife can resolve all disputed issues because then their divorce will end faster. But, even if the spouses have unresolved questions, they can still file for an uncontested divorce, and then solve them with the help of mediators or a judge.

Yet still there is a requirement for an uncontested divorce, and these are grounds for divorce. New Hampshire accepts cases where the reasons are no-fault. These include irreconcilable differences, because of which the marriage is broken.

Also, in New Hampshire, there are requirements for residency. You can file for an uncontested divorce if both spouses live in the state. By the way, almost exes must leave separate and apart before the beginning of the action.

New Hampshire Divorce Papers

In fact, each case of divorce is unique. Nevertheless, it is possible to single out a list of basic divorce forms that will be needed for uncontested termination:

  • Joint Petition for Divorce – a form of uncontested divorce that is filed by both spouses. It provides information about the parties of the dissolution, the children, and the conditions of the divorce.
  • Personal Data Sheet – a form that gives basic information about the parties and children.
  • Financial Affidavit – a form that both spouses must complete. It gives the court information regarding assets, liabilities, and debts of the spouses.
  • Certificate of Divorce – a form that is needed to keep track of divorces.
  • Final Decree on Petition for Divorce, Legal Separation or Civil Union Dissolution –  a form that defines final orde.
  • Joint Parenting Plan –  a document that contains information regarding the custody division.
  • Child Support Guidelines Worksheet –  a document based on which the child support will be calculated.
  • Uniform Support Order – a form that stipulated the payment of alimony and/or child support.
  • Affidavit as to Military Service – a form that confirms that the defendant is not protected under the Servicemembers’ Civil Relief Act.
  • Affidavit of Non-Cohabitation –  a form that confirms that spouses do not live together and do not cohabit.

Please note that spouses are responsible for ensuring that forms are correctly filled out. If the spouses provide the court with incorrect papers, the court will reject them. This will lead to the fact that you have to restart all the paperwork. Therefore, before submitting a petition, make sure that your papers are in order, consult with the county clerk regarding what documents will be required in your case.

Filing for a Divorce in New Hampshire

In the case of uncontested divorce, spouses must file a joint petition. The clerk will register the case, and the spouses will need to pay a court fee. If it is too high for them, they can ask the judge to waive the fee. If the spouses have common minor children, then parents will be required to attend classes about the difficulties that children face before and after the parents’ divorce.

After the petition is filed, the spouses may ask the judge for a temporary hearing if they still have a disagreement. At the hearing, the spouses must state all contentious issues after which the judge will make decisions regarding the contested trial.

If the spouses have no disagreement, they may ask the judge about the final hearing. At least one of the spouses must be present on it. Most likely, the judge will ask a couple of clarifying questions in order to make sure that the spouses have no disagreements, after which he or she will sign the divorce decree.

Uncontested Divorce in New Hampshire Without a Lawyer

It’s possible to prepare documents and file for divorce in New Hampshire without the work of an attorney. This is also known as do-it-yourself divorce. Each spouse independently represents his or her interests in court. However, it must be remembered that this is possible only if the husband and wife are in total agreement. If there is any disagreement, it makes sense for the spouses to contact a lawyer for help.

Couples can also use online divorce services. Provided that there are no contradictions in the pair. It works quite simply, so it is affordable to many. Spouses leave on the company’s website information about their marriage and termination based on which the system selects and fills out the forms corresponding to the features of the divorce. This service is deffinitely much cheaper than lawyers’ price.

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