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Family Lawyers for New Hampshire

While divorces used to be held in Superior Court, family lawyers in NH today appear in the Family Division t of the Circuit Court. The Family Division hears cases such as divorce, parenting petitions, restraining orders, delinquency petitions and abuse and neglect cases.

Generally speaking all of these matters begin with the filing of a petition. Family lawyers in NH and child custody lawyers in NH know exactly what forms to use. However, people without lawyers can get most of the necessary forms on the Family Division website.

Once you file a petition for divorce the other party is served. After that, the Court will schedule hearings, direct the parties to conduct discovery, order mediation, and ultimately trial if the case isn’t settled.

In New Hampshire, filing for divorce involves several steps, and there are specific laws governing the process. Finding and consulting with a divorce lawyer in New Hampshire can help you navigate the complexities.

Below is a general outline of the steps:

Divorce Checklist

Residency Requirement

At least one spouse must have lived in New Hampshire for at least one year before filing for divorce, unless the grounds for divorce occurred within the state.

New Hampshire allows for both fault-based and no-fault divorces. No-fault divorce is based on the grounds of “irreconcilable differences” which have caused the irremediable breakdown of the marriage. Fault-based grounds include adultery, extreme cruelty, imprisonment, desertion, and more. Each ground has specific legal requirements and implications.

Filing the Petition

The spouse seeking the divorce (the petitioner) must file a Petition for Divorce with the appropriate family court. This document outlines the grounds for divorce and may include requests for child custody, child support, alimony, and division of property.

Service of Process

After filing the petition, the petitioner must serve the other spouse (the respondent) with copies of the petition and summons. This can typically be done through a process server or a sheriff’s office. The respondent has a certain amount of time to respond to the petition. If they agree with the terms outlined in the petition, they may file a formal response. If they disagree, they can file a counterclaim.

Negotiation and Settlement

Both parties may negotiate the terms of the divorce, including child custody, visitation, support, and division of assets and debts. If they reach an agreement, they can submit a written settlement agreement to the court for approval. If the parties cannot reach an agreement, the case may proceed to trial. Each party presents evidence and arguments to the court, and the judge makes decisions on contested issues.

Final Judgment

Once all issues are resolved, either through agreement or trial, the court issues a final judgment of divorce. This document outlines the terms of the divorce and officially ends the marriage.

Divorce laws in New Hampshire may change from year to year. It’s important to consult and seek legal advice from a qualified divorce attorney who concentrates in family law.specializing in family law.

Divorce FAQ’s

People often ask, who are the best family law attorneys in NH? Or, who are the best child custody lawyers in NH? Personality is an important factor and it is important to speak with a potential law firm carefully before retaining them. Cohen & Winters offers a free consultation to give potential clients a chance to see if we are a good fit before deciding whether to hire us.

Cohen & Winters are family lawyers in NH. We regularly appear in the various Family Divisions around the State, representing people in the following types of matters

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