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Petition for Dissolution of Marriage: A Comprehensive Guide for Complex Divorces

Navigate the divorce process with confidence. Learn how to properly file a Petition for Dissolution of Marriage when dealing with significant assets, business ownership, and child custody matters.

Introduction

A Petition for Dissolution of Marriage is the formal legal document that initiates the divorce process. This document is particularly important for couples with complex financial situations, business interests, or those with minor children. When you file this petition, you're officially asking the court to end your marriage and address critical matters such as property division, spousal support, child custody, and child support. For long-term marriages with accumulated assets, business ownership interests, or families with children, understanding this document is essential to protecting your rights and ensuring a fair resolution to your marriage.

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Key Things to Know

  1. 1

    Filing a Petition for Dissolution of Marriage officially starts the divorce process and establishes the date of separation, which can be important for determining property rights.

  2. 2

    For business owners, how you characterize your business in the initial petition can impact later negotiations, so consult with both a divorce attorney and business attorney before filing.

  3. 3

    Long-term marriages often result in more equal division of assets and potentially longer-term spousal support, regardless of who earned more during the marriage.

  4. 4

    Child custody requests should focus on the children's best interests rather than parental preferences to be most effective with the court.

  5. 5

    The petition is just the beginning - be prepared for a lengthy process involving financial disclosures, valuations, negotiations, and potentially court hearings.

  6. 6

    Consider temporary orders for support, custody, and property use during the divorce process, which can be requested alongside your initial petition.

  7. 7

    Professional valuations for businesses, real estate, and complex assets are almost always necessary and should be budgeted for as part of your divorce expenses.

  8. 8

    Tax implications of property division and support arrangements should be considered before finalizing any divorce agreement.

Key decisions before you file

Before you file a Petition for Dissolution of Marriage in New Hampshire, a few decisions shape the document: which option to choose and what each one means. The Petition for Dissolution of Marriage guide walks through them.

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New Hampshire Requirements for Petition for Dissolution of Marriage

  • Residency Requirement (NH RSA 458:5)

    At least one party must have been domiciled in New Hampshire for at least one year immediately preceding the filing of the petition.

  • Grounds for Divorce (NH RSA 458:7)

    New Hampshire allows for both fault-based and no-fault divorce. No-fault grounds include irreconcilable differences causing the irremediable breakdown of the marriage.

  • Jurisdiction (NH RSA 458:5-a)

    The petition must establish that the court has jurisdiction over the marriage, the parties, and any children of the marriage.

  • Personal Information (NH RSA 458:9)

    The petition must include full legal names, addresses, dates of birth, and social security numbers of both parties.

  • Marriage Information (NH RSA 458:9)

    Details about the marriage including date and place of marriage, and length of the marriage must be included.

  • Child Custody and Support (NH RSA 458-C)

    If there are minor children, the petition must address legal and physical custody arrangements and child support in accordance with NH guidelines.

  • Uniform Child Custody Jurisdiction and Enforcement Act (NH RSA 458-A)

    The petition must comply with UCCJEA requirements regarding jurisdiction over child custody matters, including information about children's residency for the past five years.

  • Property Division (NH RSA 458:16-a)

    The petition should address equitable division of marital property and debts, considering factors such as length of marriage and contributions of each party.

  • Alimony/Spousal Support (NH RSA 458:19)

    If applicable, the petition should address whether alimony is sought, including amount and duration, based on factors such as length of marriage, age, health, and economic circumstances.

  • Financial Affidavit Requirement (NH Family Division Rule 2.16)

    Both parties must file financial affidavits disclosing income, expenses, assets, and liabilities.

  • Parenting Plan Requirement (NH RSA 461-A:4)

    If there are minor children, a proposed parenting plan must be filed addressing decision-making responsibility and residential responsibility.

  • Domestic Violence Considerations (NH RSA 173-B)

    The petition should disclose any history of domestic violence or protective orders that may affect custody, visitation, or property division.

  • Military Service Status (50 U.S.C. § 3901-4043)

    The petition must indicate whether either party is in military service, triggering protections under the Servicemembers Civil Relief Act if applicable.

  • Child Support Enforcement (42 U.S.C. § 666)

    The petition must comply with federal and state child support enforcement provisions, including income withholding orders when applicable.

  • Name Change Request (NH RSA 458:24)

    If a party wishes to resume a former name, this request should be included in the petition.

  • Health Insurance Coverage (29 U.S.C. § 1161-1169)

    The petition should address continuation of health insurance coverage for spouse and children, including compliance with COBRA if applicable.

  • Qualified Domestic Relations Orders (29 U.S.C. § 1056(d)(3))

    For division of retirement accounts, the petition should address the need for QDROs in compliance with ERISA requirements.

  • Tax Considerations (26 U.S.C. § 71, 215, 1041)

    The petition should address tax filing status, dependency exemptions for children, and tax implications of property transfers and support payments.

  • Alternative Dispute Resolution (NH RSA 461-A:7)

    New Hampshire courts may require parties to attempt mediation before proceeding with litigation, particularly in cases involving children.

  • Guardian ad Litem Provisions (NH RSA 461-A:16)

    In contested custody cases, the petition should address whether appointment of a guardian ad litem to represent the children's interests is necessary.

Frequently Asked Questions