How does a divorce work?
If you’re seeking a divorce in New Hampshire, it’s highly important that you familiarize yourself with the different divorce processes. For help in understanding the steps that you’ll need to take, and for a legal advocate you can count on, the attorneys at The Law Offices of Attorney Michael F. Mimno can help.
For many couples who are seeking a divorce, a separation is often the first step. In fact, you do not have to get a divorce in New Hampshire if you wish to remain married, but no longer wish to live with your spouse. A legal separation can help you to gain custody of your children, receive spousal support payments, and divide assets, in the event that you and your spouse decide that separation is the most ideal situation.
Petitioning for Divorce
Following a physical separation, you may choose to petition for a divorce. If you and your spouse are in agreement about seeking divorce, you can file a Joint Petition for Divorce. If the divorce is contested, on the other hand, then you will need to file a divorce petition on your own and ensure that your spouse receives a copy of it, either by sending the papers through certified mail, through the sheriff, or your spouse picking up the papers in court.
If the receiving spouse does not respond to the petition in a timely manner, a default hearing will be scheduled in no less than 30 days, according to Rules of the Circuit Court of the State of New Hampshire – Family Division Section 2.6.
Divorce discovery is an important part of the divorce process, particularly when the divorce is contested. Parties who are divorcing are required to exchange financial information that will be applicable in dividing assets and establishing a support obligation– during the divorce discovery process, interrogatories (questions) are submitted to the other party regarding anything that may be relevant during the divorce proceedings.
For couples who are in agreement about getting a divorce and feel as though they can work through the issues of child custody, child and spousal support payments, division of property, etc. on their own, mediation can be a valuable part of the divorce process. Through mediation, both parties will work together to make decisions about their divorce. If these issues cannot be resolved a contested divorce hearing will be required.
During a divorce hearing, a judge will either accept or reject the separation agreement reached by the divorcing parties through mediation; if an agreement has not been made, the judge will be responsible for making the decisions about how issues will be settled and property will be divided.
Let a New Hampshire Divorce Lawyer Help You
Getting divorced is a very complex process. And, even if you and your spouse are in agreement about how issues in your divorce should be resolved, it’s important to have an attorney on your side who can ensure that the agreement is fair. At The Law Offices of Attorney Michael F. Mimno, our attorneys are enthusiastic about representing you during your divorce. If you need legal help, call us today at 978-470-4567.