This form is a petition for legal separation.
New Hampshire Petition for Legal Separation
Category:
State:
New Hampshire
Control #:
NH-892-04
Format:
Word;
Rich Text
Instant download
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Description
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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FAQ
People choose legal separation instead of divorce because of religious beliefs, a desire to keep the family together legally for the sake of children, the need for one spouse to keep the health insurance benefits that would be lost with a divorce, or simple aversion to divorcing despite the desire to live separate
Both spouses live in New Hampshire. The spouse initiating the separation has lived in New Hampshire for at least one year. The spouse initiating the separation lives in New Hampshire and their partner can be served in New Hampshire.
Both spouses live in New Hampshire. The spouse initiating the separation has lived in New Hampshire for at least one year. The spouse initiating the separation lives in New Hampshire and their partner can be served in New Hampshire.
Yes, it is mandatory. Each party must obtain independent legal advice prior to signing a separation agreement. You also cannot use the same lawyer and should not use the same law firm. If you fail to obtain advice from a lawyer, the separation agreement will be unenforceable.
Treat your co-parent as you would treat a business partner. Be courteous. Don't make any significant changes. Discuss the various options for pathways to an amicable divorce. Choose your Family Mediator and/or Lawyer. See a Counselor and/or Doctor. Wait to start a new relationship.
2. You and your spouse must have been separated for more than 12 months and there is no possibility of getting back together. If you have been living separately under the same roof for more than 12 months, you can still apply for a divorce, but you will need to prepare and file additional documents.
Separation simply means living apart. You do not need to file court papers to separate. The law does not require you to live with your spouse.A mediator or lawyer can help you and your spouse reach an agreement.