New Hampshire Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce

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US-02179BG
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Description

In the answer to a civil lawsuit, the respondent/defendant tells his side of the story. He is supposed to admit facts that are true and deny allegations that are not true. This answer must be filed within 30 days in some state courts. Failure to file an answer can result in a default judgment against the respondent/defendant. A default judgment is a judgment for failure to defend that is entered against the respondent/defendant just like there had been a trial.


This form is a generic example of an answer that may be referred to when preparing such a pleading for your particular state.

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  • Preview Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce
  • Preview Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce
  • Preview Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce

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FAQ

The Judge Can Determine How to Equitably Distribute Assets Even if you and your spouse hold all assets jointly, New Hampshire does not require a 50/50 split of assets after the divorce.

Courts in New Hampshire presume that everything a party owns is marital property to be divided equally, regardless as to when either spouse acquired it, what the title says about ownership, or who gave it to either party.

The Judge Can Determine How to Equitably Distribute Assets Even if you and your spouse hold all assets jointly, New Hampshire does not require a 50/50 split of assets after the divorce.

In New Hampshire a person may cite a fault ground or irreconcilable differences as grounds for a divorce. In most instances, fault grounds are difficult to prove and even if they are proven, rarely make a difference in the distribution of the marital estate or parenting time schedule.

In general, the person accusing a spouse of adultery must prove that they had ?voluntary sexual intercourse? with someone outside of the marriage. Remember, they have to provide specific proof that the infidelity occurred. It can't be circumstantial evidence.

A divorce decree is final 30 days after the date on the clerk's notice of decision, unless a party files a Motion for Reconsideration or an Appeal to the NH Supreme Court.

Waiting Period. In New Hampshire, there is no waiting period or period of separation required before filing for divorce.

This topic usually comes up at the Law Library when people ask us if New Hampshire is a community property state, referring to the division, or distribution, of property in divorces. The answer is, no, it isn't: New Hampshire is an ?equitable division? state.

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New Hampshire Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce