Divorce

The staff at the court information center can give you information about court procedures, and give you court forms and information about how to fill them out. The phone number is 1-855-212-1234.

Related Guides

Read More About It

Read About The Law .

Online

"This page explains basic principles of divorce law in NH. These principles will affect the way cases are handled in court, and the way that judges make decisions. Also, these principles will help you understand what the attorney on the other side is doing."

"The Family Division handles cases involving divorce. It also handles parenting actions between unmarried persons. Parenting actions used to be called "custody" or "visitation" actions."

'When appropriate, mediation can ease the difficulty of the court process by giving you and your co-parent/former partner a chance to resolve matters through a focused discussion led by a mediator. Mediation gives you the opportunity to discuss the issues that are important to you.'

This guide discusses going to court without an attorney, how to file a divorce petition and things to consider before you file, what happens after you file, and information about court procedures.

Federal Issues

Although divorce is usually a state matter, there are aspects that are affected by federal law. These Congressional Research Service Reports and federal websites discuss some of those issues.

The Handbook for Attorneys, available on this website, contains the laws and regulations applicable to court orders in divorces and legal separations, and provides the model language accepted by OPM.

'The DFAS Garnishment Law Directorate is a consolidated court order processing operation for all of DoD and ePayroll civilian populations paid by DFAS. The mission of this office is to process all court orders served on DFAS and its customers. These orders can be for child support, alimony, commercial debt, divisions of military retired pay, former spouse survivor benefit deemed elections, chapter 7 and chapter 13 personal bankruptcy. This office is the authorized agent for receipt of service of process for these court orders.'

Print

Many of these print publications have form examples. All are available at the Law Library or can be borrowed.

'In the State of New Hampshire, divorce is completely controlled by statute. Although the individual judges or masters have discretion that they can apply, they cannot obtain jurisdiction unless it is authorized by the statute. In the State of New Hampshire, jurisdiction of the court to grant a divorce is controlled by N.H. Rev. Stat. Ann. § 458:4.' (§ 2.9, Jurisdiction.)

'In some actions, the parties might plead two different grounds for divorce or a cross-petition might allege a fault ground to a no-fault petition, or vice versa. … A divorce cannot be granted on both fault and no-fault grounds. Where both fault and no-fault grounds are pleaded, a divorce may be granted only on either the fault or no-fault ground.' See § 13.31 Fault and No-Fault

'In short term marriages where the parties have not commingled assets, the property division portion of a divorce can be a lot more straight forward. Each party could feasibly keep the assets that are in their own respective names and move forward. However, the longer parties are married, the more likely their assets are commingled and the more complicated the division of property is likely to be.' (p. 17)

Legal update : a year in review / submitted by Christine A. Gordon -- Advanced discovery and evidence in divorce / submitted by Patrick J. Devine -- Ethics in family law / submitted by Meegan C. Reis -- Complex assets : valuation and division / submitted by Margaret R. Kerouac -- Tax issues in divorce / submitted by Kevin C. Kennedy -- Advanced custody issues / submitted by Courtney Curran Vore -- Unmarried couples, domestic partnerships, same-sex marriage / submitted by John A. M. Hinsman -- Advanced parenting/adoption issues / submitted by Charles L. Greenhalgh -- Immigration issues in family law / submitted by Tracey Goyette Cote and Michelle Radie-Coffin -- Mental health issues in family law / submitted by Kathryn C. Mazurek.

Defining "gross income" for business owners under RSA 458-C / William F. Gramer -- Discovery issues / Margaret R. Kerouac -- Business valuations / William E. Howell, Cyndi J. Livermore.

The article "Divorce for Business Owners: Protecting Your Family's Professional Legacy discusses the division of a business in the event of a divorce, protecting your business before and after a divorce with pre-nuptial and post-nuptial agreements and valuing a business.

Highlights of the new NH alimony law / James V. Ferro, Jr. -- The practical application of the 2018 tax law changes / Jill B. Boynton -- Ethical considerations with experts / Elizabeth S. LaRochelle -- 2018-2019 general federal tax updates and divorce taxation considerations / Michelle Goldsmith -- New court forms & tax forms / Pamela A. Peterson -- Tax aspects of property divisions / Richard J. Maloney.

Domestic Violence Restraining Orders / Katherine J. Morneau -- Divorce Settlement / Kimberly A. Weibrecht -- Starting a Divorce Case / Heather E. Krans -- Discovery Techniques in Family Law / Tracey G. Cote -- Parental Rights and Responsibilities and the Guardian Ad Litem / Crystal M. Maldonado -- Financial Affidavits / Catherine E. Shanelaris -- Overview of Child Support and Alimony / Patricia M. LaFrance -- Property Division / Nicole A. Forbes.

This site is maintained by the law librarians of the John W. King New Hampshire Law Library.
Our guides are for information purposes only and are not comprehensive.
They are intended as starting points for your legal research, to illustrate the various sources of the law, and to provide guidance in their use.
NH Law About . is not a substitute for the services of an attorney.