Divorce
A Child Advocacy Company
Bringing Support to Parents
Building Strength to Children
Bringing Support to Parents
Building Strength to Children
FREQUENTLY ASKED QUESTIONS REGARDING DIVORCE
1. On what grounds may I obtain a divorce in New Hampshire?
A divorce may be obtained on the “no-fault” ground of irreconcilable differences that have caused
the irremediable breakdown of the parties’ marriage. There are also thirteen fault grounds in New
Hampshire still in existence. Some of those fault grounds are adultery, extreme cruelty,
abandonment and conviction of crime and imprisonment for greater than one year.
2. How do I begin a divorce action?
A divorce action is commenced by the filing of a Libel for divorce which sets forth the names and
address of the parties, the jurisdiction of the court to grant the divorce action, whether or not the
parties have minor children, the parties’ assets and debts and the ground(s) upon which the divorce
is being sought. The Libel will also set out the specific relief the filing party is requesting, both
permanent and temporary, such as alimony, child support, custody, visitation rights, certain
property, etc. The Libel filed in Superior Court in the county in which either party resides and the
filing fee is $ 101.00. The Libel is sent to the Court and then sent back to you or your attorney for
service upon your spouse. If temporary relief is requested, then the Court will schedule a
temporary hearing and the action will go forward from there.
3. How long until I’m officially divorced?
That depends on what is at issue in the divorce. For example, a truly uncontested divorce in which
the couple is not fighting over anything could be final in three to four months, while a battle over
custody of the children could take well over one year. Once the court issues a final decree the
divorce is effective. There is no waiting following the decree.
4. What is a Parenting Coordinator?
A parenting coordinator is a person who may be appointed by a judge to act as a mediator between the
parties. A parenting coordinator may have several roles, and will often assist in making a binding decision
or recommendation.
In essence, the primary role of the coordinator is to facilitate everyday issues on an ongoing basis in
regards to parenting and child visitation. A parenting coordinator may lend guidance when the parties
have difficulty communicating and deciding basic issues of scheduling. This provides an alternative to
going to court for intervention.
Tip: Make sure the role of the parenting coordinator is well-defined.
5. What is a Parenting Plan?
When parents divorce or separate and a child is involved, decisions about where the child will live, how the
child will be raised, and the routine decision-making about the child’s upbringing is often a difficult and
emotional issue for parents to sort out in the midst of their divorce. With so many decisions that need to be
made in the context of a divorce and child custody situation, it is not uncommon for the parents to become
frustrated, stressed, and overwhelmed, especially if they do not know where to begin. So where does a
parent involved in a divorce and child custody begin? You can begin by working on a parenting plan
separately or together that takes into consideration your child’s needs and also reflects what you believe
to be in the overall best interest of your child.
A parenting plan is a document that outlines the parenting schedule or timeshare and can include each
parent’s responsibilities in raising their child. A parenting plan can be lengthy and detailed or it can be
brief and simple. It should include a standard parenting schedule, which can delineate where the child will
live during the week and weekends and who will be responsible for transporting the child to and from
school and other activities on certain days. Additionally, the parenting plan can address holidays, summer
vacations, and how other special days during the year will be divided between the parents. Regardless of
what is included in your parenting plan, it should be predictable, clear, and easy to understand. Further,
the parenting plan should take into consideration the needs of the child and reflect his or her overall best
interest.
Because dynamics vary from family to family, there is no one-size-fits-all parenting plan that works well for
all families. Some parents may have a shared parenting plan, which allows the child frequent and/or
continuous contact with each parent 50% of the time. Other parenting plans may limit one parent’s contact
to every other weekend plus a mid-week visit or mid-week overnight. Still others may add additional
restrictions, perhaps allowing for dinner visits but no overnights.
Although it is wise to create a parenting plan that you believe reflects the best interest of your child, it is
also wise to consider consulting an attorney to learn where you stand legally on your particular matter
before entering into any proposed parenting plan agreement. This is especially important in cases where
you believe the other party has ulterior motives or is not working in good faith to build a parenting plan that
truly reflects the overall best interest of your child.
Benefits of a Detailed Parenting Plan
When parents come to an agreement on a detailed parenting plan that reflects the overall best interest of
their child, they will often enjoy a more stable, predictable, and consistent schedule by reducing the
amount of misunderstandings, conflicts, and legal costs often associated with litigation and the courts.
How can parents and their children benefit from a detailed parenting plan? Creating a detailed parenting
plan can provide predictability in the parenting schedule for both parents and their child. This allows the
parents to make plans for the child and implement a regular and consistent parenting routine for him or
her. A child who knows in advance which parent he or she will be with and what he or she will be doing can
feel more secure, stable, and self-confident than a child who is left constantly worrying and wondering
about living arrangements.
How can a detailed parenting plan reduce legal costs? Having a detailed parenting plan can reduce the
likelihood of misunderstandings between the parents and the conflicts parents often face with ambiguous
parenting schedules. Having a detailed parenting plan can reduce the potential for disagreements
between the parents, thereby helping the parents stay out of court and away from litigation. Over time,
parents who have a detailed parenting plan in place typically experience lower legal fees and attorney
costs, which are often associated with high-conflict child custody disputes and protracted child custody
litigation.
As stated previously, it is wise to consult an attorney before entering into a detailed parenting plan
agreement.
1. On what grounds may I obtain a divorce in New Hampshire?
A divorce may be obtained on the “no-fault” ground of irreconcilable differences that have caused
the irremediable breakdown of the parties’ marriage. There are also thirteen fault grounds in New
Hampshire still in existence. Some of those fault grounds are adultery, extreme cruelty,
abandonment and conviction of crime and imprisonment for greater than one year.
2. How do I begin a divorce action?
A divorce action is commenced by the filing of a Libel for divorce which sets forth the names and
address of the parties, the jurisdiction of the court to grant the divorce action, whether or not the
parties have minor children, the parties’ assets and debts and the ground(s) upon which the divorce
is being sought. The Libel will also set out the specific relief the filing party is requesting, both
permanent and temporary, such as alimony, child support, custody, visitation rights, certain
property, etc. The Libel filed in Superior Court in the county in which either party resides and the
filing fee is $ 101.00. The Libel is sent to the Court and then sent back to you or your attorney for
service upon your spouse. If temporary relief is requested, then the Court will schedule a
temporary hearing and the action will go forward from there.
3. How long until I’m officially divorced?
That depends on what is at issue in the divorce. For example, a truly uncontested divorce in which
the couple is not fighting over anything could be final in three to four months, while a battle over
custody of the children could take well over one year. Once the court issues a final decree the
divorce is effective. There is no waiting following the decree.
4. What is a Parenting Coordinator?
A parenting coordinator is a person who may be appointed by a judge to act as a mediator between the
parties. A parenting coordinator may have several roles, and will often assist in making a binding decision
or recommendation.
In essence, the primary role of the coordinator is to facilitate everyday issues on an ongoing basis in
regards to parenting and child visitation. A parenting coordinator may lend guidance when the parties
have difficulty communicating and deciding basic issues of scheduling. This provides an alternative to
going to court for intervention.
Tip: Make sure the role of the parenting coordinator is well-defined.
5. What is a Parenting Plan?
When parents divorce or separate and a child is involved, decisions about where the child will live, how the
child will be raised, and the routine decision-making about the child’s upbringing is often a difficult and
emotional issue for parents to sort out in the midst of their divorce. With so many decisions that need to be
made in the context of a divorce and child custody situation, it is not uncommon for the parents to become
frustrated, stressed, and overwhelmed, especially if they do not know where to begin. So where does a
parent involved in a divorce and child custody begin? You can begin by working on a parenting plan
separately or together that takes into consideration your child’s needs and also reflects what you believe
to be in the overall best interest of your child.
A parenting plan is a document that outlines the parenting schedule or timeshare and can include each
parent’s responsibilities in raising their child. A parenting plan can be lengthy and detailed or it can be
brief and simple. It should include a standard parenting schedule, which can delineate where the child will
live during the week and weekends and who will be responsible for transporting the child to and from
school and other activities on certain days. Additionally, the parenting plan can address holidays, summer
vacations, and how other special days during the year will be divided between the parents. Regardless of
what is included in your parenting plan, it should be predictable, clear, and easy to understand. Further,
the parenting plan should take into consideration the needs of the child and reflect his or her overall best
interest.
Because dynamics vary from family to family, there is no one-size-fits-all parenting plan that works well for
all families. Some parents may have a shared parenting plan, which allows the child frequent and/or
continuous contact with each parent 50% of the time. Other parenting plans may limit one parent’s contact
to every other weekend plus a mid-week visit or mid-week overnight. Still others may add additional
restrictions, perhaps allowing for dinner visits but no overnights.
Although it is wise to create a parenting plan that you believe reflects the best interest of your child, it is
also wise to consider consulting an attorney to learn where you stand legally on your particular matter
before entering into any proposed parenting plan agreement. This is especially important in cases where
you believe the other party has ulterior motives or is not working in good faith to build a parenting plan that
truly reflects the overall best interest of your child.
Benefits of a Detailed Parenting Plan
When parents come to an agreement on a detailed parenting plan that reflects the overall best interest of
their child, they will often enjoy a more stable, predictable, and consistent schedule by reducing the
amount of misunderstandings, conflicts, and legal costs often associated with litigation and the courts.
How can parents and their children benefit from a detailed parenting plan? Creating a detailed parenting
plan can provide predictability in the parenting schedule for both parents and their child. This allows the
parents to make plans for the child and implement a regular and consistent parenting routine for him or
her. A child who knows in advance which parent he or she will be with and what he or she will be doing can
feel more secure, stable, and self-confident than a child who is left constantly worrying and wondering
about living arrangements.
How can a detailed parenting plan reduce legal costs? Having a detailed parenting plan can reduce the
likelihood of misunderstandings between the parents and the conflicts parents often face with ambiguous
parenting schedules. Having a detailed parenting plan can reduce the potential for disagreements
between the parents, thereby helping the parents stay out of court and away from litigation. Over time,
parents who have a detailed parenting plan in place typically experience lower legal fees and attorney
costs, which are often associated with high-conflict child custody disputes and protracted child custody
litigation.
As stated previously, it is wise to consult an attorney before entering into a detailed parenting plan
agreement.
Disclaimer: BS Kids LLC legal research and information has been prepared for educational and informational purposes only. This material is not legal advice or legal
opinions on any specific matters. Transmission of the information is not intended to create and receipt does not constitute a lawyer-client relationship between BS Kids
LLC , the author of the information and any other legal publisher. Customers of BS Kids should not act upon this information without seeking professional counsel. The
opinions expressed in the material presented to BS Kids clientele is based on information found in legal publications. BS Kids LLC, 78 Canterberry Court, Hudson, NH
03051 781-756-1214.
opinions on any specific matters. Transmission of the information is not intended to create and receipt does not constitute a lawyer-client relationship between BS Kids
LLC , the author of the information and any other legal publisher. Customers of BS Kids should not act upon this information without seeking professional counsel. The
opinions expressed in the material presented to BS Kids clientele is based on information found in legal publications. BS Kids LLC, 78 Canterberry Court, Hudson, NH
03051 781-756-1214.
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