1. When does a New Hampshire Court have jurisdiction to grant a divorce?
A New Hampshire Court has jurisdiction to grant a divorce where there is jurisdiction over the parties and over the alleged cause.
Jurisdiction over the Parties exists in the following circumstances only:
A. Both parties were domiciled in New Hampshire when the action was commenced;B. The party bringing the divorce action was domiciled in New Hampshire and the other party was served within New Hampshire; or,
C. The party bringing the divorce action was domiciled in New Hampshire for one year preceding the filing of the divorce action. N.H. RSA 458:5.
Jurisdiction over the alleged cause of the divorce exists only where the alleged cause accrued or arose while the Plaintiff was domiciled in New Hampshire. N.H. RSA 458:6.
2. On what grounds may I obtain a divorce in New Hampshire?
A divorce may be obtained on the "no-fault" ground of irreconcilable differences that have caused the irremediable breakdown of the parties marriage. There are also thirteen fault grounds for divorce in New Hampshire still in existence. Some of those fault grounds are adultery, extreme cruelty, abandonment and conviction of crime and imprisonment for greater than one year.
3. How do I begin a divorce action?
A divorce action is commenced by the filing of a Libel for divorce which sets forth the names and addresses of the parties, the jurisdiction of the court to grant the divorce action, whether or not the parties have minor children, the parties' assets and debts and the ground(s) upon which the divorce is being sought. The Libel will also set out the specific relief the filing party is requesting, both permanent and temporary, such as alimony, child support, custody, visitation rights, certain property etc. The Libel is filed in the superior court in the county in which either party resides and the filing fee is $101.00.
The Libel is sent to the Court and then sent back to you or your attorney for service upon your spouse. If temporary relief is requested (i.e., relief to be in effect during the pendency of the divorce proceedings) then the Court will schedule a temporary hearing and the action will go forward from there.
4. I have been served with a Libel for Divorce what should I do?
It is probably best to at least consult with an attorney when served even if you do not have the resources to retain one to represent you throughout the proceedings. It will be important to read the papers you are served with carefully because if temporary relief has been requested the Court will likely have already scheduled a temporary hearing and the date of that hearing will appear in the paperwork you are served with.
There will also be a date by which you will have to file an Answer admitting or denying the allegations contained in the Libel. That date is usually the first Tuesday of a given month set by the Court.
5. How long until I am officially divorced?
That depends on what is at issue in the divorce. For example, a truly uncontested divorce in which the couple is not fighting over anything could be final in three-four months while a battle over custody of the children could take well over one year.
There is no waiting period following the decree.
6. May I resume my maiden name?
Yes. It is best to request to resume your maiden name in the Libel for divorce or, if you are the one served with the Libel, in your Answer and Cross Libel, so it is not overlooked at the final hearing or in the final Stipulation.
7. If my spouse and I both want the divorce and agree on all the issues can we use the same attorney?
No. Even if all issues have been resolved between you and your spouse no attorney should agree to represent the both of you to finalize the divorce. Each of you should consult an attorney to make sure that your rights are being adequately protected. If only one of you decides to retain an attorney the non-represented spouse must remember that the attorney is only representing the other spouse's interests and will not be able to advise you as to whether your interests are being best served by the proposed agreement.
