New Hampshire Marital Settlement (Divorce) Agreement Form [PDF]

The New Hampshire marital settlement agreement is a legal document created for married couples who wish to control the divorce process. Couples need to be willing to bargain in order to come to a mutually agreeable arrangement.

The primary matters that this agreement has to cover are child custody, a parenting plan, and alimony. Additionally, the marital agreement helps to reduce conflict by giving the divorce process structure and clarity.

Divorce Forms

The divorce forms must be filed with the circuit court family division in the county where the spouses live. The filing fee varies but is typically around $250 or more. The process takes two to eight weeks to be finalized.

Divorce Laws and Legal Requirements in New Hampshire

The divorce laws and legal requirements in New Hampshire provide instructions for married couples to follow in order to ensure that their settlement agreement complies with state regulations.

Divorce Laws and Legal Requirements

Alimony: Section 458.19 of the New Hampshire Revised Statutes provides a list of factors considered when determining the amount of financial support, such as dependents’ special needs, both parties’ health, and the behavior of parties during marriage.
Child support: The court may order one spouse to pay a certain amount to the other for the support and education of children until they turn 18. Section 458-c provides a formula that the court uses when setting the amount of child support.
Division of property: New Hampshire is considered an equitable distribution state, which means that marital property will be distributed in a manner that the court considers fair but not necessarily equal, as stated in Section 458.16.
Grounds for divorce: Section 458.7 of the New Hampshire Revised Statutes provides a list of acceptable grounds for divorce, such as impotency, adultery, or being convicted of a crime for at least one year.
Interim support: According to Section 458.16 of the New Hampshire Revised Statutes, the court may order one spouse to pay the other spouse temporary financial support during the divorce process until the process is complete.
Residency: The spouse filing for divorce must be a resident of the state for at least one year before filing for divorce, as stated in Section 458.5 of the New Hampshire Revised Statutes.

How to File for a Divorce in New Hampshire in 5 Steps

To give spouses an overall idea of the divorce process, the following section will provide information on how to file for divorce in New Hampshire in 5 easy steps.

#1. File the Divorce Petition

To start the divorce process, one spouse needs to complete and file the divorce complaint or petition for divorce with the circuit court family division. Spouses who have made agreements on matters related to divorce can pursue the uncontested divorce process and file a Joint Petition for Divorce.

Even if they have not reached an agreement on all matters, they can file a joint petition to avoid paying fees for the formal service of divorce papers. On the other hand, either spouse can file a Petition for Divorce on their own.

Additionally, both spouses must complete a Personal Data Sheet and file it along with the petition for divorce.

#2. File Mandatory Disclosures

In New Hampshire, it is mandatory to provide financial disclosures in order to inform spouses of their financial situation, according to Rule 1.25-A. This act ensures transparency and fairness, especially when addressing child support, alimony, or the distribution of property.

The spouses can use the Checklist and Cover Sheet for Rule 1.25-A when sending financial information to the other party. It is important to mention that this checklist and financial documents should only be exchanged between spouses and not filed with the court unless ordered so.

However, each spouse should complete and submit the Financial Affidavit Form to the court.

#3. Attend the First Appearance

Once the petition is filed, the divorce case formally starts, and both parties must participate in the divorce proceedings unless they have already made a divorce settlement agreement. The first appearance is not like a hearing, so a lawyer's presence is not necessary.

The judge will address matters like child custody, support, and a parenting plan to see what spouses think about these matters, whether they made any arrangements, and, if not, to give them instructions on how to address them.

Additionally, the judge will also explain all about the Child Impact Program/Seminar, which spouses are required to attend if they have minor children together. When they complete the seminar, they will receive the certificate of attendance and file it with the court.

#4. Attend Mediation (If Necessary)

In cases where spouses cannot agree on matters related to divorce or cannot create a marital settlement agreement by themselves, the mediator will be assigned to them.

The mediator will help them negotiate terms and obligations related to the distribution of assets, child support, or alimony.

It is very important to encourage spouses to make decisions, reach an agreement on their own, and avoid a contested divorce process where the judge will make decisions on matters related to divorce.

However, spouses can also obtain the marital settlement agreement form and fill it out on their own, thus avoiding the mediation completely. Although this course of action is legal, it is always a good idea to seek legal assistance if possible.

#5. Finalize the Divorce

The spouses need to file a few last forms before the divorce is finalized. Two crucial ones are a Certificate of Divorce and a Final Decree. If spouses wish to change their names, they should make a request in the final decree; otherwise, they will have to start a separate case to change their names.

Additionally, spouses with children will have to provide their Certificates of Attendance at the child impact seminar, a Parenting Plan, a Uniform Support Order, and a Child Support Guidelines Worksheet.

The judge will review the documents, especially the marital settlement agreement, and if everything is in order, they will sign the final decree and finalize the divorce.