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New Hampshire Divorce Records

The divorce process in New Hampshire ends a marriage permanently so the parties can seek new partners to remarry, agree on child custody, and effectively divide properties. Though the divorce process can be complex, New Hampshire is a no-fault divorce state, which means none of the parties is required to give particular grounds for their decision to split. There are fault-based grounds where a couple can divorce in the state, like being convicted and sent to prison, extreme cruelty, infidelity, and addiction to drugs.

Similarly, according to the New Hampshire Domestic Relations Statute, RSA 458, if either individual in a marriage is found to be sexually impotent for any reason, divorce petitions are filed. Divorce records are deemed private, and access is limited to persons who have a direct interest in the record. There are exceptions, though, for divorces that have taken place more than 50 years previously, as they are open to the public. The rate of divorce in the state is 2.5 per 1,000, which is higher than the national average of 2.4.

What are Divorce Records?

New Hampshire divorce records are case records that detail the documents related to the separation process. They include divorce certificates, decrees, court summons, notices, arguments, and testimonies. The documentation can also prove the marital status of divorced persons implementing applications.

New Hampshire divorce records are generated when either party files for a divorce complaint at courts within the state. These records are accessed in person, via mail, or online. Divorce decrees are the final documents supplied following the end of court proceedings. These are typically accessed at the courts where the case was filed. Divorce records include the following information:

  • Names and addresses of the parties in the divorce
  • Dates of the marriage ceremony, divorce filing, and divorce decrees
  • Reasons for the divorce
  • Court locations where the case was discussed and settled

Are Divorce Records Public in New Hampshire?

Divorce records in New Hampshire are not open to the public. Access to the documentation is generally restricted to those who have a direct and tangible interest in the parties. These may entail immediate family members like parents, siblings, spouses, and children.

However, divorce records over 50 years old are accessible to all parties. These would be obtained from the town Clerks. They issue information on motions filed by either party, property division, and spousal support.  Those requesting a certified copy of these records from the town Clerks or the Division of Vital Records Administration have to provide identification. This is limited to a driver’s license, passport, or another form of acceptable picture identification.

If a search was done for the record, which has been requested, and the authorities were not able to locate the information, the interested party will still be charged $15. Similarly, the standard fee for a certified divorce decree is $15, and $10 for additional copies requested simultaneously. Depending on the requestor's preference, divorce records in the state may be accessed in person, via mail, or online.

Divorce Stats and Rates in New Hampshire

The divorce rates in New Hampshire have steadily been decreasing over the years. In 1990, the rates were at 4.7 per 1,000. They have since reduced to 3.1 in 2018 and 2.5 in 2022. It is still slightly higher than the national average, but not by much. The state is considered to have one of the lowest divorce rates in the country on a state level. However, it does have one of the highest marriage-to-divorce ratios at 2.97.

New Hampshire’s divorce rates vary according to age demographics. Groups in their 20s and early 30s are more susceptible to divorce in the state than those in older age groups. Similarly, lower-income groups have a higher potential for divorce in New Hampshire, which is consistent with national trends. 

Grounds for Divorce in New Hampshire

New Hampshire is a no-fault divorce state. According to Title XLIII, Chapter 458, and Section 7-a, a divorce is filed based on irreconcilable differences. There are other permissible grounds for getting a divorce in the state. They include:

  • Infidelity
  • Desertion
  • One of the parties has been convicted and sent to prison for a term of at least one year
  • Having a mental illness
  • Cruel treatment

How to File for Divorce in New Hampshire

Before filing for divorce, one has to determine if they qualify to do so within the state of New Hampshire. To qualify, both spouses have to live in the state. The petitioner should also have lived in New Hampshire for one year. The law does not require the petitioner or their spouse to have separated before filing for divorce, though it does recognize the situation of legal separation. That means there is no waiting period required before being allowed to divorce.

For the split to be genuinely uncontested, both individuals will have to settle all issues, including division of the properties and liabilities, alimony, and child custody issues. The New Hampshire Courts website provides instructions and forms to begin the divorce process. Even if both spouses do not agree with the property division, they should file a Joint Petition for Divorce. This will be filed along with a personal data sheet, both of which avoid the expense of formally serving divorce papers.

Once the forms have been signed, the paperwork should be filed with the Family Division of the Circuit Court in the county of residence. The state currently has an electronic filing system, so petitioners can check the particular Court’s website or contact the Court Clerk to determine if they will have to file the divorce papers electronically. The courts typically charge a fee of $250 to file divorce petitions, though the cost is $252 if minors are involved. It is also important to confirm the court fees, as these vary. Petitioners who cannot afford to pay these fees can file a motion for waiver of filing fee. Should the courts decide to grant it, they will be exempt from paying any court fees during the divorce.

The state also requires both parties to disclose all financial information. Financial affidavits must be completed and exchanged before being filed with the courts. In New Hampshire, the time it takes before finalizing the divorce depends on whether the case is contested. The judge will sign the final divorce decree if all of the paperwork is presented and in order. The courts generally take a few weeks to 30 days to review and sign the documentation.

New Hampshire Divorce Decree

New Hampshire divorce decrees are final judgments made by the courts declaring a couple's split. Depending on the circumstances of the divorce, they can include information concerning property division, child support, and alimony. In New Hampshire, the divorce decree is found at the Family Division or Superior Courts where the case was heard. Interested parties can source them from the Clerk of the Courts. Divorce decrees are part of the records, and they may be accessed in person, via mail, or online.

How to Find and Access New Hampshire Divorce Records

At the state level, interested parties may obtain divorce records from the New Hampshire Division of Vital Records Administration. Considering New Hampshire is a closed records state, access will only be granted to individuals who have a tangible link to the parties involved unless the record is more than 50 years old. Divorce records can also be sought from the town Clerk or the Family Court Division. These records may be accessed in person, via mail, or online, depending on the preference of the individual requesting the records.

Oflline Access

To obtain divorce records by mail, interested parties may complete the New Hampshire Division of Vital Records application form. They must include a self-addressed stamped envelope, a photo ID with a signature, and a check for the state fee. The first request costs $15, and additional copies cost $10.

To get divorce records from a town Clerk by mail, requestors may implement an application form and send it with a self-addressed return envelope to the town Clerk’s Office. They will also have to include a copy of photo identification. If the record is not found, though, following the request, the clerk’s office will retain the $15 for each record that has been requested.

Online Access

New Hampshire does not have a statewide online platform for individuals to access divorce records. Though, particular towns provide online access via their websites. Alternatively, parties may access divorce information through third-party websites. Interested parties may also utilize the New Hampshire Vital Records Information Network by first registering and confirming their email. That will be used as a login so requestors may issue queries on the records.

 

References:

Counties in New Hampshire

List of Content

  1. What are Divorce Records?
    1. Are Divorce Records Public in New Hampshire?
      1. Divorce Stats and Rates in New Hampshire
        1. Grounds for Divorce in New Hampshire
          1. How to File for Divorce in New Hampshire
            1. New Hampshire Divorce Decree
          2. How to Find and Access New Hampshire Divorce Records
            1. Oflline Access
            2. Online Access