Understanding Marriage Annulment in New Hampshire

In New Hampshire, marriage annulment is a legal process in which the court declares that a marriage never existed. Annulled marriages were never supposed to occur and are usually a result of oversight or error from concerned parties. The state may annul marriages for specific reasons, such as bigamy or close blood ties between the parties involved.

Annulment and divorce are both forms of dissolution of marriage in New Hampshire. However, they differ in terms of outcome. A divorce only occurs when the marriage is legally recognized. In contrast, annulment is for marriages that were never valid under state laws. The status is also a distinguishing factor: you regain your original status after a marriage annulment, while divorce does not restore your original status.

Grounds for Annulment in New Hampshire

Section 458:1 of the New Hampshire laws automatically annuls a marriage under these conditions:

• The other party is a close relation, such as a sibling, first cousin, parent, or child.
• One of the parties was knowingly married as of the time of the marriage event.

You may need a court decree to annul marriages if:

• One or both parties were mentally or physically unfit to consent to the marriage.
• One or both parties were underage as of the time of the marriage event.
• One of the parties was under physical or mental duress to consent to the marriage.
• The marriage license expired before the marriage event.

Eligibility Requirements for an Annulment in New Hampshire

Parties seeking to annul marriages are often required to fulfill specific requirements such as the following:

• The parties are related by blood.
• The parties knowingly married another without dissolving a previous union.
• One or both parties was mentally or physically unfit to consent to the union.

New Hampshire may allow annulment of marriages that occurred in the state even if both parties are non-residents. With that being said, there is no specific information on when you can file for annulment. You may, however, file for annulment as soon as you discover valid reasons like bigamy.

How to Get a Marriage Annulled in New Hampshire

You may get a marriage annulled in New Hampshire by using these general steps:

1. Verify if you meet the eligibility criteria: You are automatically eligible to annul a marriage on the basis of bigamy or blood relations. However, you may inquire about your eligibility for annulment by contacting the local circuit court or family court division.
2. Fill out the petition and gather necessary documentation: The New Hampshire Judicial Branch maintains a downloadable petition form for marriage annulment. You are typically required to fill out necessary information, including details about minors in the union. Petitioners might also provide additional documents that support their petition for annulment. For instance, you might provide marriage certificates or wedding photographs if annulling on the basis of bigamy.

   Note: Remember to make copies of all necessary documents. You may contact the court clerk’s office to find more information about required documents.

3. Choose a preferred form of submitting the record: Local circuit courts or family court divisions may accept online or offline filing of marriage annulment forms. You may find the online filing option on some courts’ websites. In contrast, you can file the petition via mail or in person to the court clerk’s address.
4. Pay the required filing fee: The court may charge a filing fee to process petitions for annulment. The filing fee may vary based on the circuit court processing the request. Petitioners may request fee waivers if they are unable to pay the filing fee. The court may consider the request after verifying the petitioner’s financial status.
5. The court serves a copy of the forms to the respondent or defendant: The respondent or defendant is the party who did not file for annulment. The court will serve a copy of the annulment petition on the respondent via third parties, such as a deputy sheriff, process server, or bailiff. These parties may serve the documents in person or via certified mail. There are no state-specific deadlines for replying to an annulment petition.
6. The court makes a decision: In New Hampshire, the court may issue a decree if both parties agree to the annulment petition. However, the court may set up a hearing if one of the parties does not agree to the petition. The petitioning party is thus required to provide enough evidence to back up their request for annulment. Upon reviewing these documents, the court may make the appropriate decision.

Required Forms and Documentation for an Annulment in New Hampshire

You generally need a Petition to Annul form when filing for annulment in New Hampshire. You may also need to provide additional documents to back up your claims. For instance, you may need a medical report along with your request if you’re filing for annulment on the basis of mental incapacitation. Likewise, you need a birth certificate if you were too young to consent to the marriage.

Note: The required documents vary and depend on your unique circumstances. So, always contact the local circuit court or family court division for the required documents.

Where to File for an Annulment in New Hampshire

In New Hampshire, the local circuit court or family court division handles all annulment filings. You may file for annulment at any of the local circuit courts in the state. Petitioners are not required to live in a county before they can file for annulment at the county’s circuit court.

Annulment Timelines and Waiting Periods in New Hampshire

There is no waiting period for filing a marriage annulment in New Hampshire. In other words, you can file for annulment at any time after the marriage event. There are instances when petitioners lose legal reasons for annulment after a specific timeframe. The state may deny annulment requests if the petitioner, who was underage at the time of marriage, delays filing after reaching the legal age.

Annulment case proceedings typically have a short timeline if both parties agree to the request. The timeline is also brief when there are no children involved in the marriage. However, the case may have a longer timeline under these conditions:

• One of the parties contests the annulment petition.
• Missing paperwork.
• Court backlogs.
• Issues around property division or support in cases where there are children in the union.

Costs and Court Fees for an Annulment in New Hampshire

There is no general fee structure for annulment filings in New Hampshire. Local circuit courts or family court divisions have the right to set specific filing fees. In addition to these fees, petitioners may rack up expenses in the form of attorney fees or document procurement fees.

Note: Some local courts may offer fee waivers to petitioners who are unable to afford the required fees. Petitioners are generally required to provide evidence of financial constraints when applying for a fee waiver. There are also options for self-representation during annulment filings and case proceedings. This option lets the petitioner avoid attorney fees.

After the Annulment: What Happens Next?

A marriage ceases to exist after an annulment in New Mexico. The state court restores the concerned parties to their original status prior to the marriage. There are also no property divisions or spousal support after a marriage is annulled. The state law establishes this stance on the premise that the marriage never existed. Nevertheless, annulled marriages that produced children may lead to child custody arrangements and child support payments. Children produced from a union, regardless of the validity, are legitimate and may receive support from the parents.