New Hampshire Divorce Records

According to recent data from the CDC's National Center for Health Statistics, New Hampshire has a divorce rate of approximately 2.5 divorces per 1,000 people, which is slightly above the national average of 2.4 per 1,000.

Per New Hampshire law, divorces may be granted on the no-fault ground of "irreconcilable differences", meaning that neither spouse is assigned blame for the breakdown of the marriage. Notwithstanding this, the state also allows for fault-based divorces, where one spouse is deemed at fault for causing the breakdown of the marriage. Fault-based divorces require proof of misconduct by one spouse, and may be filed on several grounds, including adultery, extreme cruelty, abandonment, and habitual alcohol or drug abuse.

The cost of divorce in New Hampshire varies based on factors such as attorney fees, court filing costs, mediation expenses, and whether the divorce is contested (involving disputes over finances, child custody, or property division) or uncontested (where both parties reach an agreement). However, on average, you can expect to pay around $9,400 (per person) to get divorced in the state, lower than the national average divorce cost of $9,969 per person.

Are Divorce Records Public in New Hampshire?

Per New Hampshire Revised Statutes (RSA) Chapter 5-C, records of all vital events in the state, which include divorces, are deemed confidential and may only be accessed by individuals who can demonstrate a direct and tangible interest in the record. This includes the parties named on the record (the divorced couple), their immediate family, their attorneys, and those with a court order authorizing access to the record. Notwithstanding this, divorce records that are older than 50 years are considered public records and may be readily accessed by any interested party.

What Is Included in New Hampshire Divorce Records?

New Hampshire divorce records refer to different types of legal documents related to divorce proceedings held in the state. These records typically include:

• Divorce Certificates: These are official documents that provide basic, essential details about the divorce, such as the names of both parties, the divorce date, and the location where the divorce was granted. Divorce certificates are issued at the state level by the New Hampshire Division of Vital Records, but are also available locally through Town and City Clerks.
• Divorce Decrees: This is the court judgment that legally finalizes the divorce. Divorce decrees are typically more detailed than divorce certificates, and outline key terms like property division, parental rights and responsibilities, and support arrangements. These documents are primarily maintained by the court that handled the divorce proceedings.
• Divorce Case Files: These comprise the collection of legal documents generated and/or filed during a divorce proceeding, such as the divorce petition, financial disclosures, settlement agreements, temporary and final court orders, motions from both parties, and the vital statistics form. These records are also maintained by the court where divorce proceedings were held.

How Do I Find New Hampshire Divorce Records?

New Hampshire divorce records may be obtained through the New Hampshire Division of Vital Records, and also locally via the Town and City Clerks' offices, as well as the specific court where the divorce was granted. Certified copies of New Hampshire divorce records are often required for certain legal and personal matters, such as:

• Updating identification documents and facilitating name changes
• Providing official proof of divorce for remarriage or immigration purposes
• Claiming spousal benefits or financial entitlements
• Modifying or enforcing court orders for custody, support, and property division
• Updating marital status with government agencies, financial institutions, and insurance providers
• Updating wills, trusts, and other estate planning documents

Look Up New Hampshire Divorce Certificate

Certified copies of New Hampshire divorce certificates may be obtained by submitting an Application for a Certified Copy of a Vital Record to the state's Division of Vital Records Administration at:

Submissions may be made in person or by mail and must include a valid photo ID (or any other acceptable documentary evidence) and a $15 non-refundable fee. Note that additional copies of the same certificate requested at the same time will incur a $10 fee per extra copy. Requests made in person are typically completed on the same day, while those sent by mail may take up to 20 business days for processing.

Alternatively, requests for certified copies of divorce certificates for divorces that occurred from January 1, 1979, to at least six months before the request date may be made in person at any Town or Clerk's office across the state. The same ID and fee requirements apply, while processing times may vary by location.

It is important to note that access to any New Hampshire divorce record that is less than 50 years old is restricted by law to requesters who have a direct and tangible interest in the record.

Look Up New Hampshire Divorce Decree

New Hampshire divorce decrees are generated and primarily maintained at the municipal level by the court that handled the divorce proceedings (which is usually the Family Division of the Circuit Court). Certified copies of these documents may be obtained by taking the following steps:

• Identify the municipality (city, town, or unincorporated place) where the divorce proceedings were held and the appropriate court clerk for this jurisdiction.
• Submit a formal request for a copy of the divorce decree. These requests may be submitted in person, by mail, or online, depending on the court, and may be made using either a general request form provided by the New Hampshire Judicial Branch or a court-specific request form, if available. Note that information like the full names of involved parties (at the time of the divorce), and approximate date of divorce, and the case number, will typically be required.
• Provide necessary supporting documentation, such as a valid photo ID, and pay the stipulated fees.

Inquiries may be directed to the New Hampshire Judicial Branch's Court Information Center at 1-855-212-1234 (for callers within the U.S. or Canada) or (603) 223-0392 (for callers outside the U.S. and Canada).

Look Up New Hampshire Divorce Court Records

Copies of New Hampshire divorce case records may be obtained by submitting a formal request to the clerk of the court that handled the divorce proceedings and paying any applicable fees. Be aware that divorce records that are less than 50 years old are confidential and may only be accessible to specific requesters, such as the divorcing parties and their legal representatives.

Can You Seal Divorce Records in New Hampshire?

While New Hampshire divorce records are statutorily deemed confidential, records that are older than 50 years are considered public information and may be accessed by any interested party. Nonetheless, the parties involved in the divorce may request to have their records sealed, thereby restricting public access to the record even when it passes the 50-year timeframe.

The process for sealing records typically involves submitting a formal motion to the court that finalized the divorce. The motion should clearly outline the reason for the request, such as protecting the privacy of the parties involved (especially in cases involving domestic violence or abuse), and provide supporting documentation. The court will review the motion to determine if the request is justified and if there are any reasonable alternatives to sealing before deciding on whether to grant or deny the request.

How Long Does a Divorce Take in New Hampshire?

In New Hampshire, the time it takes to finalize a divorce depends on whether it's contested or uncontested, the level of cooperation between both spouses, and the court's caseload/processing times. State law does not specify a mandatory waiting period after divorce papers are filed before a divorce decree may be entered. However, when a divorce petition is filed, the respondent is typically notified and given 10 days to pick up the divorce papers (except for cases where a joint petition was filed). In situations where the respondent doesn't pick up the papers within the 10-day timeframe, the petitioner (the spouse who filed for divorce) will be sent the necessary paperwork to serve the respondent. All these typically influence the overall timeline of the divorce process.

To this end, in an uncontested divorce where both spouses agree on all aspects, proceedings are often finalized relatively quickly. However, in situations where spouses cannot agree on pertinent issues, including financial matters, custody, or property division, the process may take several months to over a year.

Does New Hampshire Require Separation Before Divorce?

No, New Hampshire does require spouses to separate before filing for divorce. However, divorces may be granted on the fault-based grounds of one spouse abandoning or refusing to cohabit with the other for two years (six months if this refusal is based on religious beliefs).

How Are Assets Split in a New Hampshire Divorce?

New Hampshire follows an equitable distribution model when dividing property between a divorcing couple, meaning that their assets will be split between them fairly, but not necessarily equally. Per New Hampshire RSA Section 458:16-a, courts must begin property division matters with the presumption that an equal split is fair, but may subsequently decide that an equal division wouldn't be appropriate (equitable) after considering certain factors, including:

• The length of the marriage
• Each spouse's age, health, financial situation, and employment prospects
• Each spouse's ability to acquire future assets and income
• Each spouse's actions toward growing or diminishing the value of the property
• Each spouse's contributions to the marriage, including childcare and career support
• The value of property owned before the marriage or acquired through gifts or inheritance during the marriage
• The tax consequences to each party
• The terms of a valid prenuptial agreement
• Either spouse's actions that led to the breakdown of the marriage (this is only considered for fault-based divorces)

Who Gets Custody of a Child in Divorce in New Hampshire?

Custody determinations in New Hampshire are made based on the best interests of the child, per New Hampshire RSA Chapter 461-A. Unlike historical biases that favored mothers, state law now treats both parents equally, with no automatic preference based on gender. It should be noted that New Hampshire generally uses the term "parental rights and responsibilities" instead of custody to describe a parent's legal and physical role in raising their child after a divorce. To this end, the state recognizes two key aspects of these responsibilities:

• Decision-making Responsibility: This refers to a parent's right to make major decisions about their child's education, healthcare, and religious upbringing.
• Residential Responsibility: This determines where the child primarily lives and how much time they spend with each parent.

While New Hampshire courts favor shared (joint) parental responsibility, sole responsibility may be awarded to one parent if evidence suggests doing otherwise would not be in the child's best interest. Nonetheless, recent surveys show that fathers in New Hampshire are likely to receive up to 50% parenting time after a divorce, significantly higher than the national average of 35%, in line with the state's emphasis on ensuring frequent and continuing contact between each parent and their children after a divorce.