HB532: relative to notice and filing of divorce petitions.

CHAPTER 114

HB 532 – FINAL VERSION

07Jan2004… 1603h

04/01/04 0965s

29Apr2004… 1464eba

2004 SESSION

03-0874

05/09

HOUSE BILL 532

AN ACT relative to notice and filing of divorce petitions.

SPONSORS: Rep. Emerton, Hills 48; Rep. Craig, Hills 50

COMMITTEE: Children and Family Law

AMENDED ANALYSIS

I. Removes the requirement that the court provide the respondent with 10 days to accept service of a divorce petition.

II. Permits in-state and out-of-state service by certified mail.

III. Changes references from “libel” to “petition”; “libelee” to “respondent”; and “libelant” to “petitioner”.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07Jan2004… 1603h

04/01/04 0965s

29Apr2004… 1464eba

03-0874

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to notice and filing of divorce petitions.

Be it Enacted by the Senate and House of Representatives in General Court convened:

114:1 Annulment, Divorce and Separation; Procedure; Venue; Notice. RSA 458:9 is repealed and reenacted to read as follows:

458:9 Venue; Notice. All petitions initiated under RSA 168-A, RSA 458, and RSA 458-C shall be brought in the county in which either party lives and before the superior court; and notice thereof shall be given to the respondent as required by this section.

I. If the parties file a joint petition, the petition shall be filed at the appropriate court without further service or notice required.

II. An individual petition shall be filed with the appropriate court, together with the filing fee, by the petitioner. Upon the filing of a petition, the court shall issue orders of notice, attached to the petition, which the petitioner shall then serve on the respondent as provided in this section:

(a) Service within the state shall be made either by:

(1) A sheriff, in hand or by leaving an attested copy of the petition, orders of notice, and an appearance form at the respondent’s abode, within 25 days of the date of filing the petition. The return of service shall state the street and number, or some other description, of the abode. The petitioner shall file the return of service with the court as proof of service.

(2) Certified mail, return receipt requested, restricted delivery, mailed within 7 days of the date of filing of the petition, signed by the addressee only. The petitioner shall file the return receipt with the court as proof of service.

(b) Service outside the state shall be made either by:

(1) An officer authorized to make service of process in the state where the respondent lives. Proof of out-of-state service shall be made by a return of the officer under oath, accompanied by an official certificate of his or her official character or authority. The petitioner shall file the return of service with the court as proof of service.

(2) Certified mail, return receipt requested, restricted delivery, signed by the addressee only. The petitioner shall file the return receipt with the court as proof of service.

III. When the residence of the respondent is not known, the petition shall state the respondent’s last known post office address, and the name and post office address of some near relative of the respondent, if any is known to the petitioner, and otherwise the name and post office address of some friend of the respondent, such facts to be verified by the petitioner’s personal affidavit filed with the petition. The petitioner shall file the petition with the court together with the name and address of a newspaper published in the city or town nearest to the respondent’s last known address. Service shall then be ordered by publication in the newspaper, with publication to be completed not less than 15 days before the return date, and by certified mail addressed to the respondent, care of the relative or friend of the respondent, or otherwise as the court may order. Publication may be waived for good cause upon motion to the court.

114:2 Reference Change from Libel to Petition. Amend the following RSA provisions by changing “libel” to “petition”: RSA 167-B:1; 458:2; 458:5; 458:7-a; 458:11; 458:12; 458:16; 458:16-b; 458:24; 458:34; and 498:16.

114:3 Reference Change from Libels to Petitions. Amend the following RSA provisions by changing “libels” to “petitions”: RSA 458:2, 458:27, and 458-D:7.

114:4 Sheriffs and Constables; Fees of Sheriffs and Deputy Sheriffs; Reference Change. Amend RSA 104:31, II to read as follows:

II. For service of a bill, libel or petition, $15; provided that service of a [libel] petition with restraining order shall be $25.

114:5 Domestic Relations; Special Fund; Reference Change. Amend RSA 458:17-b to read as follows:

458:17-b Special Fund Established. The supreme court shall establish a separate fund in which to deposit a percentage of the entry fee paid to each clerk of superior court in each [libel and] petition in marital cases for the compensation of mediators, appointed pursuant to RSA 458:15-a, and guardians ad litem, appointed pursuant to RSA 458:17-a, when the parents are indigent. The supreme court shall determine by rule the percentage amount of the entry fee for each [libel and] petition to be deposited into the fund, but at no time shall the percentage amount exceed 50 percent of the entry fee for each [libel and] petition. Payments for services provided shall be paid by the judicial council.

114:6 Effective Date. This act shall take effect upon its passage.

(Approved: May 17, 2004)

(Effective Date: May 17, 2004)