Back to Top After the petition is filed, if the court has not received a timely response from the Respondent and the Petitioner has requested a default, a default hearing will be scheduled no less than 30 days from the Petitioner's written request, provided the Petitioner has filed the following with the court: a military affidavit, vital statistics form, non-cohabitation affidavit, affidavit of impossibility, uniform support order, and child support guideline worksheet if child support is to be ordered, a proposed decree, a parenting plan, a current financial affidavit,, and a certificate that the previously listed documents have been forwarded to the other party.
Legal separation and divorce are in all respects identical, with the exception that the parties in a legal separation are unable to remarry.
In New Hampshire, legal separation is not merely a step that is required before divorcing; there is no legal separation requirement.
The testimony is all that most courts require to verify residency. If a joint petition is filed, the petition is properly filed in the family division location for the town of either the petitioner or the respondent.
But cases have been dismissed and even overturned because of improper proof of residency. Back to Top An individual initiating a divorce (a Petitioner) begins divorce proceedings in New Hampshire by filing a Petition for Divorce and a Personal Data Sheet.
Back to Top In New Hampshire, if both spouses with no minor children agree to obtain a divorce, even if they do not agree on the division of property, they can begin divorce proceedings by filing a Joint Petition for Divorce along with a Personal Data Sheet.