When a marriage reaches its end in New Hampshire, navigating the legal process of divorce becomes necessary. Understanding how this process works can help individuals make informed decisions during a challenging time.
File the divorce petition
The process starts when one partner fills out divorce papers and gives them to the court. When initiating the divorce process, either spouse may file a petition for divorce where at least one of the spouses resides. This petition allows for both fault-based and no-fault divorces.
Common grounds for divorce include irreconcilable differences, impotency, adultery, extreme cruelty, abandonment, and substance abuse.
Request temporary court orders
During the divorce proceedings, either spouse can request temporary court orders related to child custody, spousal support, and property division. These orders help maintain stability while the divorce is ongoing.
File proof of service
The petitioner (the spouse who filed for divorce) must give the divorce papers to the other spouse. Proof of service ensures that the respondent (the other spouse) knows the divorce proceedings.
Negotiate a settlement
Both spouses can negotiate and agree on issues such as property division, child custody, and alimony. If they agree, the court can finalize the divorce based on these terms.
Go to trial, if necessary
If the spouses cannot reach an agreement, the case may proceed to trial. Both sides present evidence during the trial, and the judge makes decisions on unresolved issues.
Finalize the judgment
Once the court resolves all matters (either through negotiation or trial), it issues a final judgment of divorce. This judgment legally ends the marriage and outlines the divorce terms.
Understanding the divorce process in New Hampshire can help you navigate this challenging time more effectively. By following the necessary steps, you can work towards a resolution that addresses your needs and those of your family.
