How are Divorce Records Generated in New Hampshire?

Divorce, or dissolution of marriage, is when a couple who are married decide to end their union. The divorce in New Hampshire is 8.4 according to the United States Census Bureau.

Depending on the facts of a divorce case and the amount of compromising that both parties are willing to do, a divorce case in New Hampshire can last as little as 3 months. If the parties are not willing to collaborate and work together, the case could go on for years. In New Hampshire, there are typically two types of marriage: no-fault and fault. No-fault divorce is when the couple decide to agree amicably and the court does not need to be involved. Both parties will file for a divorce citing irreconcilable differences and the judge will grant it to them. Fault divorce is a more complicated process and requires one spouse to have grounds for divorcing the other, as well as lawyers and court hearings.

The ground for divorce in New Hampshire are:

• Impotence of one spouse
• Adultery by one of both spouses
• “Extreme cruelty” defined as emotional or physical abuse
• Conviction of a felony or time spent incarcerated for at least one year
• Negligent actions that negatively affect the physical and mental health of the other
• Desertion for at least two years
• Addiction, alcoholism, or drugs abuse that has persisted for at least two years
• Participation in a “religious sect or society” that states a marriage would be unlawful
• Abandonment without adequate cause for at least two years.

Are Divorce Records Public in New Hampshire?

According to Section 91-A:1-a of New Hampshire’s Freedom Of Information Act Law (FOIA), all “citizens” have a right to access these records, although it is not clear whether “citizens” refers to citizens of the state of New Hampshire or citizens of the United States. The public availability of divorce records in New Hampshire vary depending on which document the requesting parties need and what they wish to utilize it for. That being said, all divorce records older than 50 years are made available for public viewing and accessing. With valid identification, forms, and fees, these records can usually be accessed, but due to the personal nature of the contents it may prove to be difficult.

What are the types of Divorce Records Available in New Hampshire?

There are three types of divorce records available in new hampshire, but the purposes and availability of each differ depending on who is attempting to access them and what requesting parties are attempting to utilize them for. Knowing the difference between the three can save requesting parties and court clerks time when attempting to access divorce records. Divorce certificates are essentially a document stating that a divorce took place and is the most simple and most often requested of the three. This document states the names of the divorced parties, when they got divorced, and where the divorce was finalized. The divorced parties will often request a certified copy of this record because it is required when one of them wishes to change their name or apply for a marriage license. A certificate can either be certified or uncertified. Uncertified copies can be used for information or research purposes, and certified copies can only be obtained by the divorced parties, their immediate family members, and attorneys involved in the divorce process. Divorce decrees are slightly more detailed. While they contain all the information listed in a divorce certificate, they also contain a signature from the presiding judge and a case number. A divorce decree is given to both parties after a divorce and states the agreed upon decisions that either the parties made or the judge made in reference to the divorce. These agreements involve child custody, financial agreements like alimony, spousal support, or child support, visitation schedules, division of property, and division of any debts the parties may have. A divorce record is the most full documentation of a divorce. While it includes all information held within divorce certificates and divorce decrees, it also contains all documents, summons, notices, motions, arguments, testimonies, and judgements that were generated during the duration of the divorce process. These records, unless sealed by a court order, are accessible to the public.

How Do I Get Divorce Records in New Hampshire?

New Hampshire divorce records are held and maintained by Circuit Clerks in the county where the divorce occurred. Requesting parties can submit requests in-person and by mail but eligibility of requesting parties varies depending on the document they wish to access. Find the specific courthouse location and contact information by visiting the court directory on the New Hampshire Judicial Branch website.

To submit a request, it is necessary to either mail in a fully filled out request form or visit the county clerk in-person. The information that must be provided on divorce records requests are the full names of both of the divorced parties, the case number of the divorce, the case status, and an approximate date of finalization. If the requesting part knows that these records are available, it is also possible to access them using the computer terminals in each county courthouse. Each county has specific fees for divorce records nd it is recommended that requesting parties determine ahead of time what these fees are.

As certain courthouses may not accept mail-in requests for divorce records, it is also recommended to contact the specific courthouse by phone and discuss how to go about accessing these documents with the clerk. Often times, a written request is required and must include all aforementioned information plus valid identification such as driver’s license, state I. D., or passport.

Another option for requesting New Hampshire divorce records is to go through the judicial branch of the state court. The website provides a Records Research and Payment Form that requesting parties must complete in person or at home and mail it to the central office at:

New Hampshire Judicial Branch Administrative Offices

Attention: Central Processing Center

1 Granite Place, Suite N400

Concord, NH 03301

Alternatively, New Hampshire Vital Records Administration Division provides copies or divorce certificates, uncertified and certified, depending on who the requesting parties are. Requests can be performed in-person or by mail.

In-person

To make a request for a divorce record in person, visit the Vital Records Administration Division Office equipped with the proper information and forms of payment included in the Application for a Certified Copy of a Vital Record. Requesting parties must download and print this form, fillit out completely and include all fees required. The New Hampshire Vital Records Office has a $15 for one copy of a divorce certificate and $10 for each additional copy requested. The office accepts checks or money orders made payable to the “Treasurer - State of New Hampshire”. Deliver the request to the office located at:

NH Department Of State

Division Of Vital Records Administration

Registration/Certification

9 Ratification Way

Concord, NH 03301–2410

By mail

To request a New Hampshire divorce certificate by mail is a similar process. Requesting parties must print and fill out the Application for a Certified Copy of a Vital Record, include all fees as lifted above by check or money order, plus a photocopy of a government issued I. D. Then, send a self-addressed and stamped envelope with these items to

NH Department Of State

Division Of Vital Records Administration

Registration/Certification

9 Ratification Way

Concord, NH 03301–2410

Who Can Obtain Divorce Records in New Hampshire?

Divorce records are public records, so they are searchable and obtainable for members of the public through county clerks or the state Vital records office as long as the record has not been sealed. Availability of these records also vary depending on whether the requesting party wishes to access divorce certificates, divorce decrees, or fll divorce records.

Are New Hampshire Divorce Records available online?

New Hampshire does not have a statewide online portal for the accessing of divorce records and other vital records, although many county courthouses have computers where these records can be accessed. It may also be possible to find these records through third-party public records websites, but because these websites are not government-funded, availability and accuracy cannot be guaranteed. The most successful way of accessing records is in-person or by mail.

How Do I seal My Divorce Records in New Hampshire?

In order to seal New Hampshire divorce records, both parties must submit a petition with valid justification for the records to be sealed from the public. These justificats can include personal information such as details regarding minors or abuse in the marriage, along with property or financial information that should not be made available to the public. A judge will view these petitions and make their decision.