Introduction
Going through a divorce can be an overwhelming and challenging process, especially when one spouse is uncooperative and refuses to participate. The good news is that in the state of New Hampshire, there are provisions in place to obtain a default judgment when the other spouse fails to respond or appear.
In this article, we will walk you through the steps involved in obtaining a default judgment in a New Hampshire divorce case. It’s important to note that while the process can be complex, we will strive to provide you with a clear and concise guide to navigate through it.
Step 1: Filing for Divorce
The first crucial step in obtaining a default judgment is initiating the divorce process by filing the necessary documents with the appropriate county court. In New Hampshire, you will need to complete a Petition for Divorce and a Summons. These forms are readily available either at the courthouse or online, simplifying the process.
Step 2: Properly Serving the Divorce Papers to your Spouse
Once you have filed for divorce, it becomes your responsibility to ensure that your spouse is properly served with the divorce papers. The court will not proceed with your case unless your spouse has been served in accordance with the legal requirements.
Serving your spouse can be done in several ways, such as hiring a process server, utilizing certified mail, or enlisting the help of a trusted friend or relative to personally deliver the papers. It is vital to adhere to New Hampshire’s rules of civil procedure when serving your spouse.
Step 3: The Waiting Game
After your spouse receives the divorce papers, they are granted a specific timeframe within which they must respond. In New Hampshire, this default response time is set at 30 days from the date of service. If the papers were served via mail, the response time extends to 33 days.
Should your spouse fail to respond within this timeframe, you then have the option to proceed with filing for a default judgment.
Step 4: Filing for a Default Judgment
When you decide to pursue a default judgment, you must submit a Motion for Judgment by Default to the court. This motion must include a detailed declaration or affidavit confirming that the divorce papers were served properly, your spouse did not respond within the allocated timeframe, and the grounds for your divorce.
Additionally, you must include a proposed final judgment outlining the terms of the divorce, such as property division, child custody arrangements, and support considerations.
Step 5: The Hearing Process
Following the submission of your motion for a default judgment, the court will schedule a hearing. It is essential for you to attend the hearing personally and present your case before the judge.
At the hearing, the judge will thoroughly review the motion and proposed final judgment. They may also request additional information from you to further evaluate the circumstances. It is important to provide any requested information promptly. Assuming the judge is satisfied that you have met all the necessary requirements for a default judgment, they will grant your request and enter the default judgment.
Step 6: Finalizing the Divorce
Once the judge enters the default judgment, you will receive a copy of the final divorce decree. To ensure the divorce is officially finalized, it is crucial that you file the decree with the court.
If there are any pending issues, such as unresolved property division or child support matters, you might need to file additional motions to address these concerns and bring about a resolution.
Conclusion
While obtaining a default judgment can be a relatively quicker way to finalize a divorce, it is always advisable to attempt working with your spouse to reach a mutually agreeable resolution. However, in certain circumstances, a default judgment may become necessary.
If you are contemplating filing for divorce or require assistance with obtaining a default judgment, seeking guidance from a knowledgeable family law attorney is highly recommended. They will ensure that your rights and best interests are safeguarded throughout the process. Remember, you don’t have to go through this challenging time alone; professional support is available to help you navigate the intricacies of divorce.