Guide to New Hampshire Divorce Records

Every state has different divorce laws, court procedures, and access to records. It is important to understand the rules that apply in New Hampshire, rather than assuming they work the same way as those in a state you are familiar with.

In New Hampshire, the state's trial court system handles divorce cases. In the past, divorces fell under the jurisdiction of the Superior Court, but today the Family Division of the trial courts handles divorces, custody issues, and related matters. This forms the broader New Hampshire Circuit Court structure, in which divisions are tasked with specific types of cases.

Official divorce records in New Hampshire often include:

• The names of both spouses

• The county and court where the divorce was filed

• The date the divorce was finalized

• The case or docket number

• Any court decisions about child custody, parenting time, child support, alimony, and property division

• Judgment type, whether the divorce was contested or uncontested

Divorce records in New Hampshire are stored in various places, depending on the type of document and age of the case. Divorce certificates for recent cases are usually certified and stored in digital form, while older files are in state record archives. Knowing how divorce works in New Hampshire and how property, custody, and support are likely to be handled can make it much easier to find and request the right records.

What are New Hampshire Divorce Records, and How Do They Work?

In New Hampshire, a divorce usually begins when one spouse files a petition with the court. As a case progresses through the court system, the court produces official documents and orders. Collectively, these documents make up the divorce record. These records are created whether the spouses agree on all issues (uncontested divorce) or have disputes that require resolution by a judge (contested divorce).

Unlike marriage records, which document the process of getting married, divorce records document the process of ending the marriage.

Documents that form part of a divorce record include:

• A divorce complaint is the first document filed in court that starts the divorce case.

• Final judgment or decree is the final order from the court that ends the marriage and includes an order relating to the division of property, custody, alimony, and child support.

• Court orders or motions (temporary orders for child custody, support, or spousal maintenance) before the final judgment is rendered.

• Settlement agreements that record all agreements the couple made out of court.

Where are New Hampshire Divorce Records Stored?

New Hampshire divorce records are stored at both the county and state levels.

In New Hampshire, divorce cases at the county level are handled by the Family Division of the Circuit Court, which handles matters such as child custody, visitation, and support issues. The court clerk's office maintains the official case files in the court in which the divorce was filed.

You can obtain the statewide divorce index and divorce certificates from the New Hampshire Department of State Division of Vital Records Administration at the state level. These records provide basic details such as the spouses' names, divorce date, and the county where the divorce was filed. These records generally serve as basic confirmation that a divorce was finalized in the state and do not replace detailed legal documents such as the full divorce decree.

New Hampshire divorce records are now also available online and can be retrieved instantly. Nevertheless, older records are usually kept on paper or stored off-site.

Is New Hampshire a 50/50 Divorce State?

No. New Hampshire is not a community property state, i.e., a 50/50 split of assets after divorce. The court uses equitable distribution, which means that the judge will divide the property associated with the marriage fairly, but not necessarily equally. When a judge orders a 50/50 split, they use their discretion and take into account the family's unique nature.

Under equitable distribution, the courts consider the financial and personal circumstances of the marriage to determine how the family's assets and debts will be divided. The goal of the family courts is to reach an equitable outcome rather than a mathematical split. Per New Hampshire Revised Statute 458:16-a, the court generally assumes that dividing property equally between spouses is fair. However, the judge can decide on a different division if special circumstances exist or determine that a 50/50 split would not be fair after considering certain factors about the marriage and the spouses' situations.

Judges usually start with the assumption that equal division is reasonable, but have the authority to adjust for a number of factors, including:

• The Length of the Marriage: In long marriages, finances are generally split equally because both parties contributed to them. If the marriage lasted only a short time, the court will try to return the spouses to the financial position they were in before the marriage.

• The Income and Earning Capacity: Judges consider both each party's present income and future earning potential. If one spouse earns significantly more than the other spouse or is in a petition, the court may grant the other party a portion of the earnings.

• The Contributions of Each Spouse: When dividing assets during a divorce, the court looks at both financial and non-financial contributions from each spouse.

• Marital Property vs. Separate Property: In New Hampshire, most property owned by either spouse can be divided, no matter whose name is on it. However, the court considers whether the property was acquired before the marriage, inherited, or given as a gift when dividing it.

• Fault Consideration: New Hampshire allows both no-fault and fault-based divorces. Most divorces are no-fault, but issues like adultery or financial misconduct may be considered if they affected the marriage. While looking at fault is not intended to punish a spouse, it can influence how judges decide on a fair distribution.

Types of New Hampshire Divorce Records

Divorce records in New Hampshire exist in varying forms as they serve different purposes. Some divorce records serve as quick proof that a divorce occurred, while others contain the complete account of what happened in court, including the judges' decisions and orders.

New Hampshire Divorce Certificate (Certificate of Divorce)

The divorce certificate issued by the New Hampshire Department of State is a summary document that provides basic proof that a marriage has legally ended. The information on a divorce certificate, also called a certificate of divorce, is limited. Typically, it will name the parties, note the date of divorce, and list the county where the divorce was filed. Divorce records are generally used for identification, remarriage, or updating legal documents.

A divorce certificate is different from the actual full court decree and, therefore, cannot be used in place of the full divorce decree. Divorce certificates are usually public records in New Hampshire, although access may still require state eligibility or a request.

Divorce Decree (Final Judgment of Divorce)

The Circuit Court in the county where the case is filed issues the final judgment of divorce, also known as the divorce decree. This document is a binding and enforceable record, since it contains the final court decisions ending the marriage.

Any divorce decree issued in New Hampshire contains the following rulings:

• Property and debt division: In this section, you will find information on how property and debts should be divided between the spouses.

• Child custody and support: Here you will find the arrangement for parenting time, legal custody, and support for the children.

• Alimony or spousal support: This section specifies the amount, the type, and duration of spousal support that the court ordered as payment from one spouse to the other.

• Final judgment dates: This is the date the judge signed the divorce decree, officially ending the marriage.

How to File for Divorce in New Hampshire (Step-by-Step)

Before hearing your divorce case, the New Hampshire courts must have jurisdiction to decide the case. The New Hampshire Revised Statutes 458:5 states that you can only file for a divorce if you and your spouse live in New Hampshire at the time of filing, or at least one of you has lived in the state for at least one year before the filing. It makes it easy for the court to issue enforceable orders if it has jurisdiction over your divorce.

Before filing for the divorce, it is important that you and your partner decide if the divorce will be contested or uncontested. The type of divorce affects how complicated the process may be, how long it takes, and the overall cost.

• Uncontested Divorce: In an uncontested divorce, you and your spouse agree on the major issues before filing for the divorce. This includes the choices about sharing assets and debts, custody and parenting time, child support, and spousal support. Since there are no disagreements in an uncontested divorce, the case is usually fast and inexpensive with little stress on both parties.

  You and your spouse will jointly file the essential documents alongside the written settlement to commence the divorce process. Since the divorce is uncontested, the judge does not decide issues; instead, the judge only reviews the agreement to ensure that it is fair and complies with New Hampshire law. The court may require a final hearing, but it is usually short and simple. If the documents are complete and the terms of the agreement are legal, the court will grant the divorce.

• Contested Divorces: A contested divorce occurs when you and your spouse cannot agree on one or more important issues to end the marriage. Because of these disagreements, the court must become involved in resolving the dispute. This makes a contested divorce a much longer, more complex, and more expensive process than an uncontested divorce.

  A contested divorce typically passes through several stages before the divorce is settled. First, the court may hold temporary hearings to determine custody, living arrangements, or financial support issues. After this, both spouses may participate in discovery during which financial information, documents, and other evidence are exchanged. Many courts will recommend negotiation or mediation so that you and your spouse have the opportunity to come to an agreement without going to trial.

If the disagreement is unresolved, the case will move to the pre-trial and then to trial. During this period, a judge evaluates the evidence presented and comes to a conclusion on all contested issues. The judge then issues legally binding orders that will finalize the divorce.

Step-by-Step Divorce Process

Filing for divorce in New Hampshire follows an organized process that outlines the rights and responsibilities of both spouses. In general, it is a relatively straightforward process.

Prepare the Filing Packet

To file for divorce, you need to put together a complete packet. This packet has all the forms and supporting documents the court requires. It is important that you submit a complete packet because incomplete filings will be rejected or returned, and delay your case.

At this stage, you should do the following:

• Identify the Divorce Path: Decide whether the divorce will be contested or uncontested.

• Prepare the Documents: You will need the following:

  • Petition for Divorce: A petition for divorce is the document that starts the divorce case. If you and your spouse are filing together, use the Joint Petition for Divorce; If you are filing alone, use the Petition for Divorce.

  • Financial Affidavit: You can use this form to disclose your finances, so the courts can decide on matters like alimony and child support.

  • Final Decree on Divorce or Legal Separation: This form is used to create your official divorce decree.

  • Vital Statistics Form: This form is used to create your divorce certificate.

  • Parenting Plan: If children are involved, use this form to state how parenting responsibilities would be shared between you and your spouse.

  • You may be required to submit additional documents, such as child support worksheets, child impact program, and other administrative forms required by the court.

• Filing fees and fee waivers (Indiegency): When you file a divorce in New Hampshire, you will usually need to pay the court filing fees. These fees are used to process your divorce requests and should be paid with the initial divorce filing. If you cannot pay the fee, you can request a fee waiver. The court will evaluate your application and determine if you meet the criteria. Simply submit the form along with proof of income or hardship.

File the Case

When you file your divorce case, you officially start the process. It then goes into the New Hampshire court system for review.

• Where to File: Most divorce cases are filed at the Family Division of Circuit Court where either spouse lives today, or sometimes where the spouses last lived together. Your divorce must be filed in the right county because the court must have jurisdiction. If you file in the wrong place, it may delay the case or cause it to be transferred. The Circuit Court Family Division Clerk's Office in each county processes divorce filings, schedules, and records.

• Filing Methods: You can use any of the different methods of filing for divorce, depending on your situation and what is available in your county.

  • In Person: You can file your divorce papers in person at the Circuit Court Clerk's Office. If you're applying in person, bring all your filing materials.

  • Mail: You can mail divorce filings to some Circuit Court locations. When filing by mail, send the completed forms to the appropriate Circuit Court Family Division and include a payment for your filing fees or indigency (fee waiver).

  • Electronic Filing (eFiling): Some New Hampshire courts use an electronic filing system, allowing you to file your divorce documents electronically.

• What You Receive: Once the court accepts your documents, whether by mail, electronically, or in person, you will receive the following:

  • The case number to help you keep track of your case.

  • Summons, if the divorce is contested.

  • Initial notices or scheduling that let you know what happens next in your divorce.

Service of Process (Primarily for Contested Cases)

The spouse who files for divorce (the petitioning spouse) must ensure that the other spouse (the responding spouse) gets notified of the case. The papers may be served through any of the media below.

• Sheriff's Office

• Private process server

• Certified mail

Submit the proof of service to the court clerk. However, if you cannot find your spouse, the courts may allow you to serve the divorce papers using alternative service methods, such as publishing a notice in a newspaper or using another court-approved method.

Early Case Phase and Temporary Orders

Once a divorce case is instituted in New Hampshire, it enters an earlier stage when the divorce is pending, and no divorce orders have been finalized. The court may provide a temporary order to the parties to maintain the status quo and avoid disruption.

For example, the court can make a temporary order about the urgent issue of where the children will live, who will pay the bills, or who will use the house. These orders are temporary and will remain in effect until a final order of divorce is issued by the court or is modified.

During the early case phase, you and your spouse may exchange important information, including financial documents, to better understand the issues in the case. You may also request temporary court orders and gather evidence ( pay stubs, property records, or school documents) to support any requests related to finances, property, or child custody.

After the mediation, the judge can have a hearing to determine whether to issue the following temporary orders:

• Temporary Custody and Visitation: The court can issue a temporary parenting order for where the children live and how parenting time will be shared between the parents.

• Temporary Child or Spousal Support: The court may order temporary financial support to assist each household while the case is pending.

• Exclusive Use of the Marital Home: The court can permit one spouse to use the marital residence on a temporary basis if living together during the divorce will cause a conflict or is impractical. The other spouse must make alternative arrangements for where to live.

• Restraining or Protective Orders: If safety, harassment, and domestic violence are of concern in a divorce, the court can issue a protective and/or restraining order. These orders prevent one spouse from coming near the other spouse's home, work, or school, and from harassing the other spouse.

Financial Disclosures and Discovery

In a New Hampshire divorce, both you and your spouse must provide full and accurate information about your finances so the court can make fair decisions. Discovery allows both you and your spouse to share the financial information needed for fair divorce decisions.

Here are the essential elements that must be in a financial discovery in a New Hampshire divorce case:

• Mandatory Financial Disclosure: Early in a divorce, both spouses usually must complete a financial statement showing their overall financial situation. This includes income, expenses, bank accounts, investments, property, and any debts or financial obligations.

• Discovery Tools: If one spouse believes the other hasn't shared all financial information, they can use the following discovery tools, which allow both sides to request additional evidence.

  • Request Documents: A request for documents asks your spouse to provide specific financial records or other relevant information, such as bank statements, business records, investment summaries, property appraisals, or insurance policies.

  • Interrogatories: Written questions that one spouse sends to the other. The receiving spouse must answer these questions in writing and under oath.

  • Subpoenas: A court order requiring a third party, e.g., banks, employers, accountants, investment companies, etc., to supply records or testimony in regard to the case.

  • Dispositions: A formal interview conducted under oath, outside the courtroom. One spouse, or sometimes a witness, answers questions from the other spouse's attorney to gather financial information.

Case Management and Court Conferences

The case management phase begins once a divorce case has been filed and served, and the initial financial disclosures have been completed.

The case management conference is the first court hearing in a case. In this meeting, either the judge or court personnel review the parties' financial documents, reaffirm any existing temporary orders, and set deadlines for exchanging documents, mediation, or other discovery. The court set deadlines for future filings to ensure the litigation proceeds as scheduled.

In case of a contested divorce, a pre-trial conference is held closer to trial. During this meeting, the judge reviews:

• Unresolved issues such as custody, support, alimony, or property division

• Confirms that discovery is complete

• The possibility of settlement or mediation

• Schedules trial dates if no agreement is reached

Settlement or Trial

You can settle your divorce case or go to trial. However, most divorces are settled before reaching court, allowing both spouses to agree on key issues and submit a written agreement for the judge's approval. You have several options if you're considering a settlement for your divorce:

• You and your spouse negotiate directly, sometimes with the help of your lawyers.

• Mediation with a neutral third-party who helps with discussion and compromise.

• Lawyer-led negotiations where your lawyers negotiate terms and draft agreements.

If you and your spouse cannot agree on important issues like property division, child custody, support, or alimony, your case will go to trial. In court, you and your spouse will present evidence, documents, and witnesses to support your claims. After assessing what you each put forward, the judge will look at your children's best interests and make rulings on any matters remaining in dispute. Your assets and debts are divided, and custody and parenting arrangements are set out in a final judgment.

Judgment, Waiting Periods, and Finalization

After all issues in a divorce case are settled or decided at trial, the case is finalized. New Hampshire has no waiting period before judges sign divorce decrees, unlike many other states with such a requirement.

After examining the appropriate filings, contracts, or trial evidence, the judge signs the Final Judgment of Divorce to end the marriage. The parties become bound by all matters ordered by the court, like division of property, legal custody and support, and alimony.

New Hampshire has no restrictions on when you can remarry. As soon as your divorce is finalized, you may remarry immediately.

Child Custody and Child Support in New Hampshire Divorces

In any divorce involving children, the court always seeks what is in the best interests of the child. Judges in New Hampshire use the best interests of the child standard when deciding custody, parenting time, or other financial assistance matters.

Judges consider the following factors:

• The basic needs of the children

• The emotional relationship between the children and their parents

• The children's preference, depending on their age

• Each parent's ability to provide a stable and supportive home

• How the child adapts to school, home, and community

• Any past history of abuse, neglect, or domestic violence

Legal Custody vs. Physical Custody

Child custody in New Hampshire is divided into two main types:

• Legal Custody: In legal custody, the parent has the right and responsibility to make all the major decisions (for example, education, religious, and medical) on behalf of the child. In most cases in New Hampshire, parents share joint legal custody. Both parents are involved in major decisions affecting the child, even if the child mainly lives with one parent.

  In some cases, the court may award sole legal custody of the child to one parent. This is usually the case when parents can't communicate with each other, they have continuing conflict, or when sharing decision-making would not be in the child's best interests. When only one parent has legal custody, that parent has control over major decisions regarding the child without requiring the other parent's permission.

• Physical Custody: Physical custody of a child refers to where the child lives every day after their parents' separation or divorce. In some families, parents have joint physical custody. Here, the child spends a significant amount of time living with each parent. In some instances, the court may grant sole physical custody to one parent. In this custody arrangement, one parent has the child mainly living with them while the other has scheduled parenting time.

Child Support Guidelines and Enforcement

In New Hampshire, child support is based on the state guidelines, which consider the following factors:

• Income of both parents

• The cost of health insurance

• The number of minor kids involved

• The amount of time each child spends with each parent

• Child expenses on healthcare, daycare, and education

In New Hampshire, child support is based on the state guidelines, which considers the following factors:

• Income of both parents

• The cost of health insurance

• The number of minor kids involved

• The amount of time each child spends with each parent

• Child expenses on healthcare, daycare, and education

Property, Debt, and Alimony in New Hampshire Divorces

During a divorce, the court must determine how the couple's property, debts, and financial obligations will be divided. In New Hampshire, courts apply equitable distribution. In other words, the judge will distribute the assets and debts fairly and reasonably, which does not necessarily mean a 50/50 split.

Under New Hampshire law, a judge can only split marital assets (not separate property). Furthermore, the court will distribute these assets in a manner that is fair under the circumstances of the divorce.

• The income and assets acquired during the marriage are considered marital property. This may refer to the family home, cars purchased, or investments made during the marriage.

• Separate property refers to individual property owned by one spouse, not the marriage. This can include property that a spouse brought to the marriage, an inheritance in their own name, or gifts given only to that spouse.

However, sometimes, separate property may become combined with marital property. For example, when inherited money is put into a joint account or used to purchase a joint asset. In this situation, the court may decide that the money is matrimonial and divide it accordingly in the divorce.

Just like property, debts accumulated during the marriage are generally considered the responsibility of both spouses.

A judge will consider several factors when allocating debts, such as mortgage loans, credit card balances, auto loans, and personal loans taken during the marriage. Some of those factors are:

• Which spouse incurred the debt

• Whether the debt benefited the household

• Each spouse's ability to repay the obligation

Also, one spouse may be ordered to pay alimony (spousal support) to the other to help the lower-earning spouse become financially self-sufficient after the marriage has ended. Courts in New Hampshire may order different forms of alimony depending on the circumstances of the couple.

• Periodic Alimony: Regular payments, often monthly, made to a spouse for a period of time, sometimes ending if the receiving spouse remarries or either spouse dies.

• Rehabilitative Alimony: Temporary financial support provided to help the spouse become self-sufficient. It is awarded for educational, vocational, or job search purposes.

• Lump-Sum Alimony: Lump-sum alimony is a one-time payment, or a fixed amount paid over a short period of time, intended to quickly settle support.

Errors, Omissions, and Corrections in New Hampshire Divorce Records

Common omissions or errors on your divorce record include a name spelled incorrectly, a wrong date, or a missing personal information. If your New Hampshire divorce certificate or decree has the wrong information, you must get the document corrected so that this record accurately reflects the details of your divorce. Doing so also avoids any issues with the law or a government agency later on.

Usually, clerical errors are corrected by filing a request with supporting documentation. Supporting documents may include a copy of the divorce decree, identification showing the correct name, or other records verifying the correct details.

You can correct errors on your New Hampshire divorce certificate by contacting the Clerk of the Circuit Court or the records office that handled your divorce. If there is a clerical error on your divorce decree, you can also get it corrected by the Circuit Court, which handled the divorce.

However, if the mistake is more than a simple clerical error, you may need to file a motion asking the court to correct it, provide documents supporting the change, and sometimes attend a short hearing. If a judge finds the request valid, they may issue an order correcting the record, and the new order will be placed in the case file.

How to Access Massachusetts Divorce Records

You can obtain New Hampshire divorce records through several official channels.

Online Access

In New Hampshire, you can access divorce records online using services like VitalCheck or EB2Gov. VitalChek allows you to request a certified divorce certificate, pay the required fees with a credit or debit card, and have it mailed directly to you. EB2Gov works with local Clerks, so you can also contact the city or town clerk where your divorce was recorded to request records online or get guidance on obtaining them.

In-Person Request

When you need a full divorce decree, court case, or divorce certificate file in New Hampshire, generally, you must go to the Circuit Court Family Division, which handles the case. Provide an approved ID and also relevant information to locate the document. The cost to obtain the document varies by county.

In-person requests for divorce certificates are at the Division of Vital Records Administration. Download and complete the Application for a Certified Vital Records form. It cost $15 for a certified copy and is typically processed the same day.

Mail-in Request

You can also request divorce records by mail. Divorce certificates are typically requested from the Division of Vital Records Administration by completing the Application for a Certified Vital Records form. There is a $15 fee to obtain the document, which is usually processed within 20 business days. Mail the form to:

Divorce decrees or case files must be requested from the Circuit Court Clerk in the county where the divorce was finalized.

New Hampshire Courthouses That Handle Divorces

If you are filing for divorce in New Hampshire, it's important to understand which court handles divorce cases, where to file your paperwork, and where to request copies of your divorce records.

Court Authority

Only the Circuit Court Family Division in New Hampshire has the authority to handle Divorce cases. A divorce is legal in the state only when it is filed and decided in a Circuit Court, and the judge signs the final judgment. To get a final divorce decree, you usually request it from the clerk's office in the county where the divorce was granted.

County-Based Filing

Divorce cases in New Hampshire Circuit Court Family Division are filed in the county where either spouse lives or sometimes where the other spouse (the defendant) lives. Each county has at least one Family Division courthouse that accepts divorce filings and keeps official case records. Since the record is stored at the county level, it is important to know which county to file in or file for copies from the court.

For example

• The Hillsborough County Family Division for persons living in Manchester,

• The Rockingham County Family Division, if you live in Brentwood, or

• The Merrimack County Family Division serves people living in Concord.

Jurisdiction Basics

In New Hampshire, a divorce case must fall under the jurisdiction of the Circuit Court Family Division. Therefore, one spouse must reside in New Hampshire in order for the Court to have personal jurisdiction over the parties.

The Circuit Court Family Division is the only state court with the jurisdiction to grant divorces. That means no other court, such as the Superior Court and/or Probate Court, can grant a divorce or issue a divorce decree. Because of this, it is necessary for the divorce to be filed in the right Circuit Court for it to be valid.

Examples (Optional, Not Exhaustive)

Some of the county-level Circuit Courts that handle divorces include:

• Hillsborough County Family Division - Manchester and Nashua

• Rockingham County Family Division - Brentwood and Portsmouth

• Merrimack County Family Division - Concord

• Strafford County Family Division - Dover, they can help you:

Role of the Circuit Court Clerk

The Circuit Court clerk manages divorce filings and maintains court records. If you visit or contact the clerk's office, they can help you:

• File your divorce complaint and other required documents

• Assign a case number to filings

• Process request for certified copies of divorce decrees or other records

• With information about filing fees, fee waivers, and court procedures

• Access older records stored off-site

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