How to Get a Marriage Annulment in New Hampshire

Marriage Annulment is a Civil Process regulated by the District Courts

Marriage annulment is a legal process in which the legal union of two parties is considered void. Once acknowledged by the court, parties separated by annulment have no legal obligation to each other, as if they had never been married. Every state regulates annulment proceeding differently. In New Hampshire, the conditions for annulment are very specifically defined and the process, if uncontested, is fairly simple.

Things You'll Need

• Name and address of defendant
• Evidence of grounds for complaint

Instructions

Follow Due Process

1. Determine if your petition for annulment meets New Hampshire eligibility rules. Cause for petition must be due to incest, drug and/or alcohol addiction, same sex marriage, mental incapacity, physical disability or under-age marriage.

2. Determine if your cause for annulment requires legal process in the State of New Hampshire. Marriages not recognized by law in New Hampshire include those between consanguineous (blood related) and same sex parties. Marriages in which a former spouse of either party is still living and the original marriage has not been dissolved are also prohibited by law and automatically void, according to statute (Title XLIII, Section 458:1).

3. Collect any necessary evidence of validity for your petition. If the petition will be filed jointly without contest, no substantial evidence will be necessary. If there will be a significant objection to the petition by the defendant, your case will need to be proven to the court. This is the time to decide whether or not to hire an attorney or if you can proceed successfully on your own. If you are uncertain, seek professional legal guidance before proceeding.

4. Obtain and complete the State of New Hampshire Certificate of Civil Union Dissolution, Legal Separation or Annulment, which is available for Internet download (see Resources) or from your county district court.

5. Follow legal process according to the circumstances of your case. Uncontested and/or joint petitions for annulment will proceed through the court within 60 to 120 days of the initial petition. Contested petitions may require a trial and can take several months to a year to settle.

Tips & Warnings

• If you have any questions about your legal rights concerning marriage annulment in New Hampshire, seek professional legal guidance.

References

• New Hampshire Statue 458; Annulment, Divorce, Separation
• New Hampshire Judicial Branch (for forms and process)

Resources

• Marriage Annulment Rules by State
• New Hampshire Annulment Form