New Hampshire Divorce FAQS

You can request a certified copy directly from the Family Division of the Circuit Court where your divorce was finalized. The clerk’s office maintains the official decree, and certified copies can be issued for a small fee. If your case has been archived, the clerk will refer you to the New Hampshire Division of Archives and Records Management.

Most divorce files in New Hampshire are public. However, financial affidavits, GAL reports, adoption-related materials, and sealed pleadings are restricted. Courts may seal documents when confidentiality or safety concerns justify limited access.

Yes. The fastest way is to request documents directly from the Family Division that handled your case. Clerks can provide certified decrees, docket printouts, and non-confidential filings. Older cases may require additional time if archived.

Yes. Divorce certificates with basic details can be ordered from the New Hampshire Division of Vital Records Administration. A certificate differs from the full decree and is often used for proof of marital status or name changes.

Provide both spouses’ full names, the approximate divorce year, the court where it was filed, and any docket number if available. Clerks can perform manual searches for incomplete information, but archived cases may require more time.

Yes. The e-court system provides limited online docket details such as case numbers, hearing dates, and document titles. Full documents usually cannot be downloaded due to privacy rules.

No. Only parties, attorneys, or individuals with a court order can access sealed or confidential filings. You may request access by filing a motion with the court.

Divorce case files are kept at the local Family Division for several years before being transferred to the state archives. Once archived, they remain permanently stored and can be requested from the Division of Archives and Records Management.

It means the marriage has broken down beyond repair with no chance of reconciliation. Misconduct does not need to be proven for a no-fault divorce.

Yes. Grounds include adultery, extreme cruelty, habitual drunkenness, desertion, and mental abuse. Fault findings can influence alimony or property division.

Marital property includes assets and debts acquired during the marriage. Separate property includes pre-marital assets, gifts, and inheritances unless commingled.

Yes. Misconduct such as wasting assets or harmful behavior may affect how property is divided.

Alimony depends on a spouse’s need and the other’s ability to pay. The court reviews income, earning capacity, age, health, and marriage length.

Yes. Parents are encouraged to create a mutually agreed plan addressing time, decisions, communication, and transportation. Courts ensure it meets the child’s best interests.

A temporary hearing may be requested for parenting rights, child support, or spousal support. Orders last until the final decree.

Yes. Required forms include the Financial Affidavit, Parenting Plan, Petition for Divorce, and Uniform Support Order. Some counties may add local forms.

Retirement assets accumulated during the marriage are marital property. Courts divide them using a QDRO or DRO depending on the account.

Yes. Misconduct that caused financial or emotional harm, such as adultery that used marital funds, may influence alimony.

Business interests acquired or expanded during the marriage are typically marital property. Courts review funding, creation date, and contributions.

Yes. Active appreciation from labor is marital; passive appreciation from market forces may be separate.

They are valued using standard business valuation methods, considering goodwill, revenue, assets, and future earning potential.

Yes. Courts may award offsetting assets or cash payments so the business remains with the operating spouse.

Yes. Tax returns, financial statements, and other records must be disclosed for fair division.

Yes. Courts may appoint an independent expert if parties disagree on valuation.

Business income is included, and adjustments may be made for non-essential deductions or artificially reduced earnings.

It depends. Courts consider the agreement’s fairness and intent but are not automatically bound by it.

Debts incurred during the marriage for marital or business purposes are generally marital debt.

Courts may order a buyout, structured payments, continued joint operation, or, if necessary, sale of the business.

All real estate acquired during the marriage is subject to equitable division. Courts review contributions, equity levels, purpose, and tax impact.

Trusts may be marital or separate depending on funding sources and whether the spouse had a vested interest or used assets for marital purposes.

Yes. All financial holdings must be disclosed. Hiding assets can result in sanctions or case reopening.

They are marital if earned during the marriage. Courts evaluate vesting schedules and market value.

Yes. Courts consider the lifestyle enjoyed during the marriage to determine reasonable support levels.

Commingled inherited assets may be partially or fully considered marital property.

Yes. Courts can freeze accounts or restrict transfers to prevent asset dissipation.

Gifts to one spouse are separate unless commingled or used for marital purposes.

Yes. Courts may appoint forensic accountants or spouses may hire their own.

They are valued by experts, and courts may award them to one spouse with offsets or require sale.

You must file a Petition for Divorce, Personal Data Sheet, and Financial Affidavits. If children are involved, additional forms such as a Parenting Plan are required.

No. Spouses may file at any time if residency requirements are met.

Courts prioritise the child’s best interests, requiring parenting plans, programs, and compliance with temporary and final orders.

Most cases take several months to a year depending on complexity and cooperation. Uncontested cases finish sooner.

It is an informational meeting explaining process steps, deadlines, mediation requirements, and expectations.

Yes. If spouses agree on all issues and submit complete paperwork, the judge may issue a final decree without a hearing.

A spouse may request a temporary hearing. Orders remain in effect until the final decree.

A default judgment may be issued, granting the filing spouse the requested relief.

Yes. Both spouses must submit accurate, updated affidavits to determine support and distribution.

The judge ensures it is fair, complete, and voluntary before incorporating it into the Final Decree.