Uncontested divorce is when both parties in a marital dispute agree to the terms and conditions of their separation. In New Hampshire, the procedure for uncontested divorce can be straightforward if the conditions are met. Here is a detailed explanation of the procedure for uncontested divorce in New Hampshire.
Meeting Residency Requirements
First and foremost, at least one of the parties must be a New Hampshire resident for at least one year at the time of filing for divorce. If both parties meet this requirement, the process can continue.
Filing a Joint Petition
Both parties must agree to file a joint petition for divorce in New Hampshire. This means that they have to submit the petition jointly and agree upon the specified terms that they have agreed upon – such as child custody, property division, and spousal support – to pursue the uncontested divorce.
Completion of Financial Affidavits
Both parties must submit financial affidavits that reflect their financial positions, as well as proof of income and any relevant expenses. This is important to ensure that each party obtains a fair division of assets, maintenance allocation, or child support.
Parenting Plan
If there are children involved in the divorce, a parenting plan (including child support agreements) will be required. The plan will determine each parent’s rights and responsibilities concerning their children and will detail, among other things, how parenting responsibilities will be divided. The parenting plan will include the conditions of the child’s living arrangement, a visitation schedule, and a child support agreement.
Attend Divorce Hearing
Both parties must attend the scheduled court hearing; they may even have to attend several hearings. At this point, a judge will review the divorce papers and ensure that all arrangements, agreements and conditions met the requirements of New Hampshire laws. Upon review, the judge will grant a final divorce decree in writing that both parties can sign.
Final Judgment and Decree
The final judgment and decree will be issued by the judge and will confirm that all requirements have been met, and the divorce decree has been issued. This judgment will include all the specifications that have been agreed upon during the process and awarded by the court.
Conclusion
A divorce can be a complicated matter, and the court system can seem overwhelming. Choosing to have an uncontested divorce can allow both parties to avoid lengthy court hearings, save money, and provide them with the opportunity to handle the details of their divorce. By following the above steps, New Hampshire residents can obtain an uncontested divorce. However, consult an experienced family law attorney who can guide you through the process and ensure that your rights are protected and preserved.