Are Divorce Records Public in New Hampshire?
New Hampshire divorce records older than 50 years are generally available to the public. However, the availability of divorce records varies from one type of record to another. Some records may be available to the public, while others may be deemed private and confidential. Divorced individuals can also petition the court to seal and remove records from the public domain. If the cited reasons convince the judge, he/she will issue a court order instructing the court clerk to seal the record in question.
Understanding New Hampshire Divorce Records
A divorce record is the entire case file generated during divorce case proceedings. It includes all information recorded on paper and in digital formats during a divorce trial. Such information includes summons, evidence, motions, notices, orders, oral arguments, depositions, and judgments. Divorce case records are the most comprehensive of all three types of divorce documents.
How to Obtain New Hampshire Divorce Court Records
In New Hampshire, Circuit Court clerks are responsible for keeping family court records. These clerks accept mail and in-person requests for divorce records as long as requesters are eligible to access the records they seek.
To obtain these records in person, visit the office of the court clerk with the information needed to find and retrieve the records. Necessary information includes names of the parties on the required record, case number, case status, and approximate filing date. Publicly available divorce records can also be accessed from the computer terminals provided in New Hampshire courthouses. Before requesting copies of New Hampshire divorce records in person, contact the courthouse of interest to determine their current search/copy fees and other requirements for searching and copying court records. Find the courthouse location and contact information from the court directory on the New Hampshire Judicial Branch website.
Before sending a mail request for divorce records, contact the clerk of the particular courthouse to ask if they accept requests this way. Where available, a written request is required to obtain copies of divorce court records. This request must provide the information needed to find and retrieve the records of interest and must include the required documents and fees as well as a self-addressed stamped envelope.
It is also possible to request New Hampshire divorce records from the state judicial branch. To do so, complete a Records Research and Payment Form and submit it in person or by mail to the central research room located at:
New Hampshire Judicial Branch Administrative Offices
Attention: Central Processing Center
1 Granite Place, Suite N400
Concord, NH 03301
Government public record search portals and third-party public record websites both may provide court records search tools, which can help find divorce records, though record availability usually varies widely. Divorce records, in particular, may simply not be available through either source.
Note: Divorce records are considered court records. They may, therefore, be searched using court resources or some third-party public record websites. Divorce records can offer personal information on minors, finances, and sensitive criminal information like domestic abuse.
Understanding New Hampshire Divorce Certificates
A divorce certificate is a vital record that signifies that a marriage has been legally terminated in a court of law. This document is the most routinely requested divorce record and contains the least information. Details provided on divorce certificates include the names of the divorced parties, divorce dates, and the courts/counties where the divorces were finalized.
Usually, divorce certificates are prepared in certified and uncertified forms. Certified copies are used to establish identities when remarrying or seeking legal name changes. Uncertified copies are only reserved for informational purposes. Persons authorized to obtain certified copies of divorce records include the divorced parties, their first-degree relatives, and their legal representatives.
How to Obtain a New Hampshire Divorce Certificate
The New Hampshire Vital Records Administration Division provides copies of divorce certificates prepared in the state. It accepts both in-person and mail requests for these vital records.
To submit a request in person, visit the Vital Records Administration Division Office with the required information and documents. These include names of the divorced parties and the date of divorce. Provide the information required using the Application for a Certified Copy of a Vital Record. Print, complete, and submit the form to initiate the request process. The New Hampshire Vital Records Office charges $15 for the first copy of a divorce certificate and $10 for each additional copy requested at the same time. Bring a check or money order covering copy fees when submitting the application. Make the check or money order 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
To request a New Hampshire divorce certificate by mail, download and print the Vital Records Application Form. Complete the Divorce Section of the form and send the completed form along with appropriate fees, a copy of a valid government-issued ID, and a self-addressed stamped envelope to:
NH Department Of State
Division Of Vital Records Administration
Registration/Certification
9 Ratification Way
Concord, NH 03301-2410
The same fees apply for mail and in-person requests. Pay for copy fees with a check or money order made payable to the Treasurer - State of New Hampshire.
Understanding New Hampshire Divorce Decrees
A divorce decree is a court record that finalizes a marriage dissolution and defines the binding agreements that must be obeyed by the divorced parties. After a divorce trial, the parties involved or their attorneys are required to submit the agreed-upon settlements for the court’s final decision. To be valid, divorce decrees must be signed by presiding judges. These records typically contain information about financial arrangements, alimony, child custody rights, visitation schedules, property divisions, and protective orders. Only those named on these records, their legal representatives, and third parties with valid court orders can access divorce decrees in New Hampshire.
How to Find Out if Someone is Divorced in New Hampshire
Divorce records in New Hampshire are considered confidential records. Divorce records from the state are only accessible to individuals directly involved in the divorce or requesters who have a "direct and tangible" interest in the record. Divorce records over forty years from the date of divorce are considered public, and anyone can access those records. To find out if someone is divorced in New Hampshire, those who seek records can check online; third-party sites are a preferred option or send a request to the office of the clerk via mail or in person.
How to Find Public Divorce Records Online
To find New Hampshire public divorce records online, those seeking records can check private or third-party sites to access records. One can also access records from the court website that granted the divorce.
Does New Hampshire Recognize Common-Law Marriages?
Couples within New Hampshire who cohabit and hold themselves out to the public as married are not considered to be legally married and may not be given rights as married couples, except to award survivor benefits in the case of the death of one partner. The court must be able to establish that a valid common law marriage existed before the passing away of the partner, with evidence to show that:
- They have been living as a couple for more than three years
- They may have children together
- They use a common bank account and have properties together, like a co-signed deed.
- They were known to be a married couple publicly in their community
Laws regarding Marriage in New Hampshire state that common law marriage or a civil union from a state that recognizes such will be valid provided it was before the couple became permanent residents in New Hampshire.
What is the Dissolution of Marriage Records?
Dissolution of marriage is also known as divorce in New Hampshire. It is the legal termination of a marriage. Dissolution of marriage records is also divorce records. The content of a dissolution of a marriage record is the same as a divorce record. Also, a dissolution of the marriage process is the same as a divorce process.
How to Find Dissolution of Marriage Records in New Hampshire
Those seeking to find a dissolution of marriage records in New Hampshire can send a query to the database maintained by the Superior Court, Family Division Court, New Hampshire, or carry out a search on privately owned online databases containing New Hampshire divorce records. One can also request online or via mail.
How to Get Divorce Papers in New Hampshire
One can get divorce papers in New Hampshire from the state's family courthouse or directly request an attorney to draft and prepare them. Divorce papers can also be gotten online from the New Hampshire court website. Some third-party sites also make access to divorce papers online possible. The plaintiff can then fill and sign the divorce papers after filing a petition and thus proceed with the divorce process. After being filed, the divorce papers are then served privately or through a sheriff to the defendant.
How to Find Divorce Papers Online
Those seeking to find divorce papers online can access them on the New Hampshire website or third-party sites that offer this service in New Hampshire.
