What are the residency requirements for divorce?
In New Hampshire, couples wishing to divorce must meet certain residency requirements. If at least one spouse has been a resident of the state for at least one year, then the couple may proceed with filing for a divorce. If the couple has not met this residency requirement, then they may file for a divorce, but they will only be able to do so after the one year waiting period. In addition, if one spouse is a resident of New Hampshire and the other spouse is a non-resident, then that spouse must be served with a notice of divorce before the court will proceed with the proceedings. The service of process must be made in the state where the non-resident spouse resides, or the court may choose to serve the non-resident through another method, such as certified mail. In cases where a couple has no minor children and they have no disputes over property, they may choose to file for an uncontested divorce. In this situation, the residency requirements are flexible, so that the couple may file and be granted a divorce, regardless of whether either of them have been a resident of New Hampshire for any length of time. Although the residency requirements are important for filing a divorce in New Hampshire, couples should also be aware that the state has other requirements, such as waiting periods and the division of property, that must be addressed before the divorce is finalized. To make sure you understand all of the requirements needed to file for a divorce in New Hampshire, it is important to speak with an experienced family law attorney.
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