As with many states, there are two main types of divorce. NH allows for standard no fault divorces as well as fault divorces. The no fault divorce is typically based on irreconcilable differences. Additionally, a New Hampshire divorce requires that one or both parties reside in the state for at least one full year. Furthermore, New Hampshire is a separate property state.
Generally, the grounds for a New Hampshire divorce determine the type of divorce that is granted, either fault or no fault. According to state statistics, about 99% of all divorces in the state of New Hampshire are no fault, based on irreconcilable differences, as mentioned earlier. Fault divorces are based on extreme cruelty, such as domestic abuse, adultery, drunkenness for two years, conduct that causes or has endangered health or reason, or even if one spouse joins the Shakers. A couple filing for divorce will be asked to provide the reason for the request. Depending on the reason, the state will determine if the divorce is fault or no fault.
If all rules and regulations are followed, it typically takes a minimum of two to four months to obtain a divorce. NH often has divorce cases that last between six and twelve months, especially when the divorce is contested or a fault divorce. The fastest divorces are achieved for couples that have been living apart for a year or more, who have had short marriages, and those using the Collaborative Law or Mediation. Those divorces involved children can go on for years in some cases.
Currently, it is relatively inexpensive to file for a divorce in New Hampshire. The filing fee is $147. The fee is reduced to $145 if there are no children involved. The cost of serving someone with divorce papers runs about $12 to $45. If you choose to use an attorney, the legal fees will vary depending on your particular case, the hours spent on it, and if children are involved. The longer and more complicated the divorce proceedings become, the more expensive the entire process will be.
The state of New Hampshire offers a great website that is dedicated to the laws, rules, and regulations of getting a New Hampshire divorce. Additionally, other sources on the Internet can help explain the basics of divorce law in the state. The information is provided by the state of New Hampshire’s bar and is as accurate as possible on the state’s official website. The website offers many frequently asked questions and additional information, however if questions still persist, it is best to contact a divorce lawyer or attorney.