How long does it take to get a divorce in New Hampshire?

On average, the minimum amount of time is two to three months, but most divorces take between six and twelve months or longer from the time of filing until the divorce is final. These timeframes can vary greatly depending on the particular Court. Cases taking the shortest amount of time usually involve parties who have been married for a short period of time, who have no children or very few assets and are in agreement on what they want. Cases which take longer and where more time is required are those in which parental custody is in dispute, involve the division of substantial assets and/or alimony and/or there is very little agreement on what is to be done so there is a significant amount of negotiation and/or a number of court hearings are required to resolve disagreements.

What is the difference between a divorce and legal separation?

There is not a lot of difference between the two legal processes. Both involve filing a petition with the court which will make orders on the same issues: custody, visitation, child support, alimony, property division, etc. However, if the parties are granted a legal separation, neither party can remarry and the wife may not resume her maiden name. In our experience, very few legal separations are filed, and if they are, they soon are converted to a divorce.

What is the divorce procedure in New Hampshire?

Obtaining a divorce is a process and, while there may be some variation depending on the court and/or judge, the following is an outline of what to expect:

• One party files for divorce (or, in rare instances, a joint petition for divorce is filed).This involves filing a petition with the court which sets out the basic facts of your case and informs the court in general terms of what you want on a temporary and final basis. The Court then issues Order of Notice for service on the other party. The non-filing party must be served with notice of this petition, A party can accept service by going to the Court after being notified by mail or can be served by the sheriff or make arrangements to pick up the petition from the sheriff.
• The Court schedules a Structuring Conference and/or Temporary Hearing. Typically this occurs thirty to sixty days after the date of filing the petition with the court. The Structuring Conference establishes a roadmap for the proceeding by setting scheduling deadlines, etc. A Temporary Hearing is scheduled upon request of either party and will result in the court making "temporary" orders for the parties to follow while the divorce is pending.
• Discovery. Both parties exchange interrogatories (written questions), have appraisals done, exchange records and documents and/or take depositions.
• Neutral Evaluation. Depending on the case, the Court may schedule a Neutral Evaluation. This is a process similar to mediation and is designed to help facilitate settlement. The parties may also elect to pay for private mediation to resolve their dispute.
• Final Hearing: both parties usually testify as well as any fact or expert witnesses and the Guardian ad Litem.

How much does a divorce cost in New Hampshire?

The cost for a divorce in New Hampshire can vary greatly. It depends entirely on the amount of time a lawyer and his/her staff spend working on the case. The more disagreement and acrimony between the parties, and the more court hearings involved, the greater the cost. The disputes people most frequently have involve the type and value of the property and debt involved, and whether or not there are minor children about whom custody is in dispute. We charge an hourly rate for divorces and require a minimum retainer at the outset of the case. Depending on the issues in the case, our retainers usually start at $2,500.00 but increase depending on the complexity of the case. A disputed divorce case can cost $15,000.00 to $20,000.00 or more.

What is the difference between legal and physical custody?

Typically there are two different types of custody that can be in dispute in a New Hampshire divorce. The first is legal custody. Legal custody involves the right to make decisions about a minor child, including having access to their school and medical records. The law contains a presumption in favor of joint legal custody so most people end up with an order for it from the court.. Physical custody pertains to where the children reside. Physical custody can be granted to one parent or it can be shared. Usually both parties are awarded some periods of physical placement with their children although the amount and schedule vary greatly from case to case. One of the most difficult issues is whether one parent is made the primary physical custodian of the children. Typically, if custody is disputed, the Court will appoint a Guardian ad Litem (GAL) to represent the best interests of the minor children in the divorce. The GAL will conduct an investigation and prepare a report to the Court with his/her recommendations.

How is child support calculated in New Hampshire?

Child support is based on a formula called the child support guidelines. Child support is usually ordered pursuant to the guidelines unless a party can show there are factors which should cause a deviation from the guidelines. Factors which could affect the amount of child support ordered include shared physical custody, unusually high or low income of the obligor, and the presence of step children or other children the obligor is obligated to support.

Is alimony awarded in New Hampshire divorce cases?

Alimony is sometimes awarded in divorce cases in New Hampshire. In general, to be awarded alimony, the party requesting alimony must show a need for alimony and the other side must have the ability to pay alimony. Typically, alimony is awarded for a fixed period of time though it can be awarded on a permanent basis depending on the circumstances of the parties.

How is property distributed in New Hampshire divorces?

New Hampshire is an equitable distribution state. This means the Court must divide the property in an equitable fashion, which does not necessarily mean and equal division. In general, it does not matter whose name the property is in. There are factors the Court can consider in dividing property, including each party's contribution to the acquisition of the asset, whether certain property was brought into the marriage by a party, and/or the impact of the property distribution on minor children. Other factors the Court considers are the length of the marriage and whether there were fault grounds (ie. adultery) which caused the breakdown of the marriage.