New Hampshire Pro Se FAQ

Frequently Asked Questions — Representing Yourself in New Hampshire

Common questions for self-represented litigants in New Hampshire, organized by case type.

Divorce

What are the residency requirements for divorce in New Hampshire?

To file for divorce in New Hampshire, at least one spouse must be a resident. If the grounds for divorce occurred in New Hampshire, one spouse must have lived in the state for at least one year prior to filing. It's important to verify current residency requirements with the New Hampshire courts.

How is property divided in a New Hampshire divorce?

New Hampshire follows an "equitable distribution" model, meaning property is divided fairly, but not necessarily equally. The court considers various factors including the length of the marriage, contributions of each spouse, and future needs. It's advisable to consult the court or a legal professional for specifics.

Can I change my name during the divorce process in New Hampshire?

Yes, you can request a name change as part of the divorce proceedings in New Hampshire. This request is typically included in the divorce petition, and the court can approve the change in the final divorce decree.

Child Custody

How is child custody determined in New Hampshire?

In New Hampshire, the court determines child custody based on the best interests of the child. Factors considered include the child's relationship with each parent, the child's adjustment to home and school, and each parent's ability to meet the child's needs. The court may also consider the child's preferences if they are of sufficient age and maturity.

What is a Parenting Plan in New Hampshire child custody cases?

A Parenting Plan is a document that outlines how parents will share responsibilities for raising their child after separation or divorce. It includes details about legal and physical custody, visitation schedules, decision-making responsibilities, and how disputes will be resolved. The court requires a Parenting Plan to ensure that both parents understand and agree to their roles and responsibilities.

Can child custody orders be modified in New Hampshire?

Yes, child custody orders can be modified in New Hampshire if there is a significant change in circumstances affecting the child's welfare. Either parent can file a motion to modify the custody order, and the court will review the new circumstances to determine if a modification is in the child's best interests. Always verify the latest procedures on the official New Hampshire court website.

Child Support

How is child support calculated in New Hampshire?

In New Hampshire, child support is calculated using guidelines that consider both parents' incomes, the number of children, and the amount of time each parent spends with the child. The court uses a formula to ensure support amounts meet the child's needs. For precise calculations, consult the New Hampshire Judicial Branch or a legal professional.

What if the other parent doesn't pay child support?

If the other parent fails to pay court-ordered child support in New Hampshire, the Division of Child Support Services can assist in enforcement. This may include wage garnishment, tax refund interception, or legal action. It's important to keep documentation of missed payments and contact the court or child support services for assistance.

Can child support orders be modified in New Hampshire?

Yes, child support orders in New Hampshire can be modified if there's a significant change in circumstances, such as a change in income, job loss, or a change in the child's needs. To request a modification, file a petition with the court and provide evidence supporting the change in circumstances. Always check the latest procedures on the New Hampshire Judicial Branch website.

Small Claims

What is the maximum amount for small claims in New Hampshire?

The monetary limit for small claims in New Hampshire can change, so it's important to check the latest figures on the official court website or contact the local court for current information. Small claims jurisdictional limit — amount in controversy, generally exclusive of interest and costs (RSA §503:1): $10,000. Always confirm the current figure at https://www.courts.nh.gov/our-courts/circuit-court/district-division/small-claims.

How long does a small claims case take in New Hampshire?

The duration of a small claims case in New Hampshire varies, depending on court schedules and case complexity. Typically, cases are resolved more quickly than in higher courts, often within a few months.

Can I appeal a small claims decision in New Hampshire?

Yes, in New Hampshire, you can appeal a small claims decision. The appeal must be filed within a specific timeframe, and it's advisable to verify the current process and deadlines with the local court or the official court website.

Landlord-Tenant / Eviction

What is the first step in an eviction process in New Hampshire?

The first step in an eviction process in New Hampshire is for the landlord to provide the tenant with a written notice of eviction. This notice must state the reason for eviction and give the tenant a specific period to either resolve the issue or vacate the premises. Notice to pay rent or quit (cure period) for nonpayment of rent (RSA §540:3): 7 days. Always confirm the current figure at https://www.courts.nh.gov/our-courts/circuit-court/district-division/landlordtenant. Notice to terminate a month-to-month tenancy (RSA §540:3): 30 days. Always confirm the current figure at https://www.courts.nh.gov/our-courts/circuit-court/district-division/landlordtenant.

How long does a tenant have to respond to an eviction notice in New Hampshire?

The response time for a tenant to an eviction notice in New Hampshire depends on the reason for eviction and the terms specified in the notice. Generally, tenants are given a certain period to comply with the notice or dispute it. Tenants should consult the specific notice and local regulations for precise timelines.

Can a tenant be evicted during winter months in New Hampshire?

Yes, tenants can be evicted during the winter months in New Hampshire if the eviction process is legally justified and all procedures are correctly followed. However, landlords must adhere to all legal requirements and provide proper notice, just as they would at any other time of the year.

Restraining Order / Protective Order

What is the duration of a restraining order in New Hampshire?

In New Hampshire, a temporary restraining order typically lasts until the scheduled court hearing, usually within 30 days. If a final order is granted, it may last up to one year, but the duration can vary based on the judge's decision. Always verify current durations with the court.

Can a restraining order be modified or extended in New Hampshire?

Yes, a restraining order can be modified or extended. The person seeking changes must file a request with the court and provide reasons for the modification or extension. A hearing may be required to review the request, and both parties will have the opportunity to present their case.

What happens if the restraining order is violated in New Hampshire?

Violating a restraining order in New Hampshire is a criminal offense and can result in arrest. If you believe the order has been violated, contact local law enforcement immediately. The court may impose penalties on the violator, including fines or jail time, depending on the severity of the violation.

Expungement

What types of records can be expunged in New Hampshire?

In New Hampshire, certain misdemeanors and felonies may be eligible for expungement. It is important to review state laws or consult with the court to determine if your specific record qualifies.

How long does the expungement process take in New Hampshire?

The expungement process timeline can vary depending on the court's schedule and complexity of the case. It is advisable to check with the local court for estimated processing times.

Can expunged records still be accessed by employers in New Hampshire?

Once expunged, records are generally sealed from public view and do not appear in standard background checks. However, certain government agencies may still access these records under specific circumstances.

Probate

Do all estates in New Hampshire require probate?

Not all estates in New Hampshire require probate. Some may qualify for a waiver of administration, especially if a surviving spouse or sole heir is involved. It's important to check the specific circumstances of the estate and confirm current rules with the New Hampshire court.

How long does the probate process take in New Hampshire?

The probate process in New Hampshire can vary widely in duration depending on the complexity of the estate. Simple estates may be resolved in a few months, while more complex cases could take a year or longer. Always check with the New Hampshire court for guidance on your specific situation.

What are the costs associated with probate in New Hampshire?

The costs of probate in New Hampshire can include court fees, attorney fees, and other administrative expenses. These costs can vary, so it's advisable to check the most current fee schedule on the New Hampshire court's official website.

Name Change

How long does the name change process take in New Hampshire?

The duration of the name change process in New Hampshire can vary. It depends on factors such as court schedules and the completeness of your petition. Generally, it can take several weeks to a few months from filing the petition to receiving the court order. It's advisable to check with your local court for more specific timelines.

Do I need to publish a notice for a name change in New Hampshire?

Yes, in many cases, New Hampshire requires that you publish a notice of your name change in a local newspaper. This step is part of notifying the public and any interested parties about your intent to change your name. Be sure to verify this requirement with your local court, as there may be exceptions.

Can minors apply for a name change in New Hampshire?

Yes, minors can apply for a name change in New Hampshire, but the process involves additional steps. Typically, a parent or legal guardian must file the petition on behalf of the minor. The court will consider the best interests of the child when deciding on the name change request. It's important to follow specific procedures outlined by the court for minors.

Civil Lawsuit / Breach of Contract

What is the statute of limitations for breach of contract in New Hampshire?

In New Hampshire, the statute of limitations for filing a breach of contract lawsuit is generally three years from the date the breach occurred. However, specific circumstances can affect this time frame, so it's important to verify the current rules on the official New Hampshire court website.

How do I serve a complaint for a breach of contract in New Hampshire?

In New Hampshire, serving a complaint involves delivering a copy of the complaint and summons to the defendant. This can be done by a sheriff, a deputy, or a professional process server. Proper service is crucial, as failing to do so can result in delays or dismissal of the case.

Can I settle a breach of contract case out of court in New Hampshire?

Yes, parties in a breach of contract case in New Hampshire can settle out of court at any point before the judge issues a final ruling. Settlements can save time and costs associated with trial, and they often involve negotiation or mediation to reach an agreement acceptable to both parties.

Debt Collection Defense

What should I do if I receive a debt collection summons in New Hampshire?

If you receive a summons, it's crucial to respond by filing an answer within the timeframe specified, usually 30 days. This is your opportunity to contest the debt or raise defenses. Check the official New Hampshire court website for the latest filing procedures.

Can a debt collector sue me for a debt that is several years old in New Hampshire?

In New Hampshire, debt collectors can sue for debts within the statute of limitations, which varies depending on the type of debt. It's important to verify the statute of limitations for your specific debt type on the New Hampshire court website.

What are my options if I lose my debt collection case in New Hampshire?

If you lose your case, you may have options such as negotiating a payment plan or appealing the decision. It's important to review the judgment and consult with a legal professional to understand your rights and next steps.

Consumer Protection

What is the New Hampshire Consumer Protection Act?

The New Hampshire Consumer Protection Act is a state law designed to protect consumers from unfair, deceptive, or unlawful business practices. It provides a framework for consumers to seek redress and holds businesses accountable for misleading practices. To understand the specific provisions, consulting the act itself or a legal professional is advised.

How do I file a consumer protection complaint in New Hampshire?

To file a consumer protection complaint in New Hampshire, you can start by contacting the Consumer Protection Bureau of the New Hampshire Attorney General’s Office. They may provide mediation services or direct you on how to proceed with filing a lawsuit if necessary. Always verify the process on the official New Hampshire court website for the most current information.

What types of practices are considered deceptive under New Hampshire law?

Under New Hampshire law, practices considered deceptive can include false advertising, misleading pricing, and fraudulent sales tactics. The law is broad and covers various forms of consumer harm. For specific examples and legal definitions, reviewing the New Hampshire Consumer Protection Act or consulting with a legal expert is recommended.

Case types in New Hampshire

• Divorce in New Hampshire
• Child Custody in New Hampshire
• Child Support in New Hampshire
• Small Claims in New Hampshire
• Landlord-Tenant in New Hampshire
• Eviction in New Hampshire
• Restraining Order in New Hampshire
• Expungement in New Hampshire
• Probate in New Hampshire
• Name Change in New Hampshire
• Civil Lawsuit in New Hampshire
• Debt Collection in New Hampshire
• Consumer Protection in New Hampshire

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Helpful court resources

• U.S. Courts — representing yourself
• Cornell Legal Information Institute — pro se
• USA.gov — state court directory