RSA 5-C:58 · Divorce, Legal Separation, and Civil Annulment Forms

5-C:58 Divorce, Legal Separation, and Civil Annulment Forms. –

Copy link

I.

The petitioner or his or her legal representative shall provide the following information, in writing, for both the husband and the wife in order to complete a petition of divorce, legal separation, or civil annulment:

Copy link

(a)

Their full names and usual residences by city, town or location, county, and state.

Copy link

(b)

Their birthplaces by state or foreign country.

Copy link

(c)

Their dates of birth.

Copy link

(d)

Whether the most recent marriage is the first, second, and so forth for each.

Copy link

(e)

If previously married, the number of marriages ended by death or divorces, and prior civil annulments, if any.

Copy link

(f)

Their social security numbers.

Copy link

(g)

Their educational level specifying only the highest grade completed.

Copy link

II.

The petitioner, or his or her legal representative, shall provide the following information, in writing, about the marriage:

Copy link

(a)

The place of the marriage in question by city or town, county, and state or foreign country.

Copy link

(b)

The date of the marriage in question by month, day, and year.

Copy link

(c)

The date the couple last resided in the same household.

Copy link

(d)

The number of children ever born alive to or adopted by the couple.

Copy link

III.

The petitioner or his or her legal representative shall provide the following information, in writing, about the filing:

Copy link

(a)

The number of children under 18 years of age in the household, as of the date couple last resided in same household.

Copy link

(b)

The petitioner, identified as husband, wife, both, or other, including but not limited to legal guardian.

Copy link

(c)

The name of the attorney for the petitioner, or the petitioner's name if the petition is a pro se filing.

Copy link

(d)

The legal representative's business address or pro se petitioner's address by building number, street, city or town, state and zip code.

Copy link

(e)

The date the report was completed by the legal representative or pro se petitioner.

Copy link

IV.

The petitioner, or his or her legal representative, shall provide the following information in writing, about the action in superior court:

Copy link

(a)

The docket number.

Copy link

(b)

The cause for filing, stating irreconcilable differences or specifying other cause.

Copy link

(c)

The decree, entered as an uncontested hearing, a contested hearing, or a defaulted hearing.

Copy link

(d)

The type of decree, specifying divorce, legal separation, or civil annulment.

Copy link

(e)

The date the decree becomes final.

Copy link

(f)

The first and last name of the hearing official and an indication of whether the hearing official is a judge or master.

Copy link

(g)

The name to be used by the wife after divorce.

Copy link

(h)

Whether legal custody of the children was awarded jointly to the mother and father, to the mother, to the father, to other as specified, or not applicable.

Copy link

(i)

The number of children under 18 whose physical custody was awarded to the mother, to the father, split between the mother and the father, to other as specified, or not applicable.

Copy link

(j)

Whether the physical custody award was uncontested, contested, defaulted, or not applicable.

Copy link

(k)

The signature of the clerk of the superior court; the county of the court's location; and the date signed.

Copy link

V.

The division shall promulgate a divorce, legal separation, and civil annulment form to record the information specified in paragraphs I-IV.

Copy link

VI.

The clerk of court shall forward the original certificates of divorce, legal separation, or civil annulment granted during the preceding calendar month to the division on or before the 12th day of each calendar month in accordance with RSA 458:15.

Copy link

VII.

Only an original form obtained from a court shall be accepted by the division.

Copy link

VIII.

In the event that a clerk of a town or city issuing a marriage certificate is presented with a court decree showing that a marriage performed in the state of New Hampshire has been annulled, a copy of the civil annulment attached to the form to amend a vital record shall be forwarded by the clerk to the division. The state registrar shall mark the state copy of the affected marriage certificate as "VOID." Source. 2005, 268:1, eff. Jan. 1, 2006.

Copy link