Deciding to get divorced is not easy, and some people expect the planning process to be even more challenging to cope with. While it might be true for some specific cases, it does not have to be overly complicated for most people.
If you reside in New Hampshire and are considering getting a divorce, this article may interest you. The information below aims to provide helpful tips on making the whole divorce process a little bit easier.
General Information
First of all, planning a divorce begins with talking to your partner to understand your situation clearly. Spouses should identify the reason for divorce since it is an obligatory component of the divorce process in New Hampshire.
New Hampshire is a “no-fault” state, meaning partners can file for divorce by stating their marriage is irretrievably broken.
If one spouse is guilty of marital misconduct and the other spouse wants the court to consider it, spouses can initiate the process using fault-based reasons. In New Hampshire, at-fault grounds for divorce include:
- Impotence;
- Adultery;
- Extreme cruelty;
- Conviction of a crime and imprisonment for at least one year;
- Abandonment for at least two years;
- Desertion for at least two years;
- Refusal to cohabit with a spouse for at least 6 months due to joining a religious sect that prohibits marriage
- Dependency on drugs and/or alcohol.
The filing spouse should be a resident of New Hampshire for at least one year before filing for divorce. However, this requirement can be omitted if both spouses are residents of the state when the divorce begins. Also, this requirement is waived if the petitioner who resides in New Hampshire personally serves papers to the respondent.
Contested Divorce
A contested divorce is when the spouses do not agree on some issues and are ready to dispute them in court. This process often involves lawyers and leads to lengthy court litigation. Negotiations can last for months if the partners cannot find any common ground, which leads to additional expenses.
Uncontested Divorce
Couples can decide to go with an uncontested divorce. It can happen if both partners are able to sort out all their disputes regarding important matters such as:
- Property division;
- Child custody and support;
- Parenting time;
- Spousal support, etc.
It is often a preferable way to plan marriage dissolution because filing for divorce becomes easier. Even more, it’s possible to do everything without involving a lawyer or mediator!
An Example of a Plan
Let’s focus on the uncontested divorce scenario; after all, this process requires precise planning. If spouses choose this path, they can avoid the intervention of an attorney who would plan everything for them. The information below can be used as a guide to preparing for an amicable divorce successfully.
Talk to Your Partner
First of all, it is imperative to talk through all the potential points of conflict with one’s partner. A constructive dialogue could lead to mutually beneficial negotiations regarding all important issues.
Paperwork
If both spouses can come to satisfactory terms, they can begin working on the divorce papers. Usually, people are either try to do everything by themselves or hire a lawyer to do the job. In the first case, the chance of making an error and slowing down the whole process is increased. In the second case, the divorce becomes more expensive.
Still, there is another alternative. Online divorce documents preparation companies are helpful, affordable, and fast. For a relatively small price, your divorce papers can be generated in just a few business days while being 100%-compatible with court rules.
Moreover, New Hampshire provides an excellent option for partners to speed things up. It is called a “joint petition.” Both spouses can sign it and get it notarized. As a result, there will be no need to serve papers to the other partner later, which is a rather tiresome and time-consuming process.
Potential Additional Steps
If a couple has minor children, the process becomes slightly more complicated. The court requires both partners to go through a series of seminars to learn how divorce affects children. After completing the workshop, spouses get certificates they should present to the court.
Court Hearing
The last step is rather simple if we stick to the uncontested divorce scenario supported by a joint petition. A couple requests a date for the final hearing and signs the “final decree of divorce.” At least one of the partners has to show up to the hearing, where the judge signs the decree, thus finalizing the divorce process.
If the partners did not reach a full agreement in a joint petition, they can request an additional hearing so the judge can assist them with solving their disagreements.
Final Thoughts
As it is possible to see, planning one’s divorce depends on the individual specifics of each case. Involving a lawyer can limit your “planning” options, and an uncontested divorce scenario is way more manageable.
The thing is – the fewer third parties involved in a divorce, the more control the partners have. That is why an uncontested divorce is probably the best scenario for people who want to plan everything out and potentially save time and money.
