Residency Requirements for Divorce: New Hampshire
New Hampshire has its own divorce laws regarding who is eligible to file for a divorce. Each state protects its jurisdiction and makes sure the appropriate laws are applied to the appropriate cases. To prevent your case from being dismissed, make sure you meet the New Hampshire residency requirements. The most common mistake people make is believing they must divorce in the state in which they were married. This is simply not true. Most divorce cases throughout the United States are filed in the county in which the filing spouse resides.
New Hampshire Filing Requirements: In order to file for a divorce in New Hampshire, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:
In order to file for a divorce, the parties must: I. both be residents of the state and the filing spouse must be a resident for a least 1 year prior to filing or; the grounds must have occurred in the state and one of the spouses must be a resident for at least 1 year prior to filing. The divorce shall be filed in the county in which either spouse resides. (New Hampshire Statutes - Chapters: 458:5, 458:6, 458:9)
If you discover that you DO NOT meet at least one of the above residency requirements, you can consider the following 4 options:
1. Do not proceed with a divorce and attempt to save your marriage.
2. Establish residency in New Hampshire for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
3. Have your spouse do the filing if he or she meets the necessary residency requirements for New Hampshire.
4. Choose another state in which you or your spouse may meet the residency requirements (all state residency laws are unique, so be sure to check the state in which you were married as a potential option).
- Start Your New Hampshire Divorce Today (5 Great Options!)
- Locate a New Hampshire Divorce Professional Near You
- Read More About New Hampshire Divorce Laws
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