In this section, you will find information on:
The Family Division handles cases involving divorce. Parents in divorce or parenting actions involving children under the age of 18 will attend a First Appearance session soon after their case is filed at a family division court. Information about the court process and the important role of parents in this process is presented at the First Appearance Session. At the end of the session, parents schedule the next event in their case - either a case manager conference, mediation, or a court hearing. Attendance by parents at the First Appearance session is required, unless specifically excused by the court. (To see what a First Appearance Session looks like, please click on First Appearance Session to watch a video) . Source: New Hampshire Judicial Branch |
One of the following must apply to file for divorce in New Hampshire:
To determine which family division location to file in, see: NH Family Division Locations Source: New Hampshire Judicial Branch |
Are minor children involved? If so, see: If not, see:
Source: New Hampshire Judicial Branch |
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Alimony is also called spousal support or spousal maintenance. Although we usually think of alimony as a state issue, there may be circumstances (for example, military marriages, tax issues, or bankruptcy) where federal law is involved. Significant changes to state and federal law will affect alimony starting in 2019. In New Hampshire, RSA 458:19 governs alimony and outlines the standards the courts must use for awarding alimony. Source: New Hampshire Law Library |
New Hampshire law (RSA 458-D) requires that anyone with minor children who is getting divorced or who has filed or responded to a parenting petition (formerly Petition for Custody) must attend a four hour child impact seminar which addresses the effects of divorce or separation on children.
In order to go ahead with your case, you must show the court a certificate of attendance from the program. You should register for a Child Impact Seminar as soon as possible. You will be expected to have registered for or completed the seminar before First Appearance in your case.
To register, call one of the seminar providers listed on page 2 of the Child Impact Program Notice or contact a provider through their website. Parties who do not attend the seminar may be subject to sanctions by the court.
Source: New Hampshire Judicial Branch
In 2015, the NH Judicial Branch established a Family Division Complex Case Docket. The Complex Case Docket is an administrative reassignment of marital or parenting cases which are most complex, whether due to the novelty of legal issues presented, the intricacy of the assets involved, or the specific personal characteristics of the litigants, and to most efficiently match those cases to Circuit Court resources. By targeting these complex cases for advanced dispute resolution and by assigning them to one docket and one presiding judge, the Circuit Court seeks to increase efficiency for the benefit of the parties and others whose cases are impacted by the resource demands of such complex matters. Cases may be referred for consideration of inclusion on the docket by any Circuit Court Family Division judge before whom the case is pending and reassigned under the sole discretion of the Administrative Judge after consultation with the current presiding judge and the presiding judge of the Family Division Complex Case Docket. Additionally, the Administrative Judge of the Circuit Court may, in his sole discretion, reassign any pending matter to the Family Division Complex Case Docket. The Honorable Robert J. Foley is currently assigned to serve as presiding judge of the Family Division Complex Case Docket. Hearings reassigned to this docket are conducted at the 7th Circuit Court – Family Division – Dover, located at 25 St. Thomas Street, Dover, New Hampshire. All written materials regarding these cases shall be submitted to the 7th Circuit – Family Division (Dover), unless otherwise ordered by the presiding judge. For more information, see: Complex Case Docket FAQ Source: NH Judicial Branch, Administrative Order Establishing the Docket, and Complex Case Docket FAQ |
Rochester Family Division – Dover – ATTN: COMPLEX CASE DOCKET Source: New Hampshire Judicial Branch |
The difference between a divorce and a legal annulment is that, while a divorce process divides the divorcing couple’s assets and deals with family consequences of the divorce, an annulment wipes the slate clean in the eyes of the law. No division of assets takes place. Not unlike a religious annulment, it dissolves a marriage as if the spouses had never been married, while a conventional divorce will remain as part of the spouses’ legal records.
In New Hampshire, the grounds for getting an annulment are limited under New Hampshire law, Title XLIII, Chapter 487. The state will grant a legal annulment if your marriage meets one of he conditions for a “prohibited marriage” under the law:
If you wish to pursue an annulment of your marriage in New Hampshire, you must file a Petition to Annul Marriage.