The NHJB 2058 FS form is a legal document used in New Hampshire for filing a joint petition for divorce. This form collects essential information about the parties involved, including details about minor children and any prior court cases related to custody or support. Completing this form accurately is crucial for ensuring a smooth divorce process.
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The NHJB 2058 FS form, known as the Joint Petition for Divorce, serves as a crucial document for couples seeking to dissolve their marriage in New Hampshire. This form not only initiates the divorce process but also collects essential information about both parties, including their names, dates of birth, and contact details. It requires details about the marriage, such as the date and location of the wedding, along with the duration of residency in New Hampshire. One of the form's significant aspects is its focus on minor children. Parents must provide information about their children, including names, birth dates, and living arrangements over the past five years. This information is vital for establishing jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, which ensures that custody issues are handled appropriately. Additionally, the form addresses any prior court cases related to custody or domestic issues, as well as any public assistance received. It also allows the parties to request temporary and final court orders regarding child support, alimony, and property division. Completing this form accurately is essential; missing or incorrect information can lead to delays in the proceedings.
THE STATE OF NEW HAMPSHIRE
JUDICIAL BRANCH
http://www.courts.state.nh.us
Court Name:
Case Name:
Case Number:
(if known)
JOINT PETITION FOR DIVORCE
1.
Petitioner Name
Date of Birth
E-mail Address (optional)
Residence Address
Mailing Address (if different)
Telephone Number (Home)
(Work)
2.
Respondent Name
3.
City and state where parties were married
Date of Marriage
4.
Length of time parties have been residents of New Hampshire (P)
(R)
5.
List minor children born to or adopted by the parties either before or during the marriage:
Name
Current Address
If there are minor children born to or adopted by the parties either before or during the marriage, complete questions 6 – 9. This information is required under RSA 458-A, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
It is important that you answer these questions with as much detail and accuracy as possible. Lack of adequate information could significantly delay orders being issued in your case.
There are several situations that might result in New Hampshire exercising jurisdiction over child/ren. The continuous presence of the child/ren in New Hampshire for six (6) months is not the only basis for jurisdiction. In some emergency situations, the court may be able to exercise jurisdiction on a temporary basis.
NHJB-2058-FS (12/01/2010)
Page 1 of 4
6.List the places where the minor child/ren of the parties has/have lived in the last five (5) years and the names of the people they lived with at that time, if you know. Start with where the child lives now and work backward in time.
Dates
From/To
Town/City, State
Parent(s)/Caretaker
Current Address/Contact
Address of Parent/Caretaker
Which
Child/ren
If more space is needed, attach Extra Page (Form NHJB-2656-FPS).
I have attached Form NHJB-2656-FPS because additional space was needed.
7. Are there any person(s), not a party to this proceeding, who have physical custody of the child/ren or who
claim to have custody, physical custody or parenting time rights? Yes No If yes, list name(s) and address(es) of person(s):
8. Check one of the following:
I have not participated in any court case(s) concerning the custody, visitation, parenting time or placement of the child/ren in this or any other state.
OR
I have participated in court case(s) concerning the custody, visitation, parenting time or placement of the child/ren in this or any other state. I have participated in the following:
Name of Court
State
Case No.
Date of Court Order
9.Are there any actions for enforcement, or proceedings relating to domestic violence, domestic relations, protective orders, marriage dissolution, paternity, legitimation, custody, parental rights and responsibilities, termination of parental rights, adoption, juvenile, or other proceedings in any court in any state affecting any
children named in this petition or parents of those children?
Yes
No If yes, complete the following:
Type of Court Case
Page 2 of 4
10. Please check one of the following regarding public assistance.
No public assistance (TANF) is now being or has within the last 6 months been provided, nor is medical assistance (Medicaid) presently being provided, for any minor child of the parties.
The N. H. Department of Health and Human Services is providing or has provided within the last 6 months public assistance (TANF) and/or medical assistance (Medicaid) for a minor child or children of the parties. If you check this box, you must mail copies of this petition and the Personal Data Sheet (NHJB-2077-FS) to DHHS at:
New Hampshire Department of Health and Human Services
Division of Child Support Services - Legal Unit
129 Pleasant Street
Concord, NH 03301
11.To the knowledge of the parties, is either party pregnant?
12.Do the parties own real estate jointly?
Does the petitioner own real estate individually? Does the respondent own real estate individually?
No
13. The cause for divorce is: (Check one or both)
Irreconcilable differences have developed that have caused the irremediable breakdown of the marriage.
Other:
14. Requests for court orders:
A.TEMPORARY. The parties respectfully request that the Court issue temporary orders on any of the following issues. (Check all that apply). A temporary order is in effect until the divorce is granted.
Child support
Parenting Plan
Use of personal property and payment of debt
Alimony
Use of family home
B.FINAL. The parties respectfully request that the Court grant a divorce, equitably divide personal property, real estate, debts and obligations of the parties, and issue a final order approving or
establishing the following (Check all that apply):
A parenting plan which describes the parties’ parental rights and responsibilities relating to minor children;
Child support obligations for any minor children;
Alimony;
Any other relief which may be appropriate; Other:
I acknowledge that I have a continuing duty to inform the court of any court action in this or any other state that could affect the child/ren in this case.
I swear or affirm that the foregoing information is true and correct to the best of my knowledge.
Date
Signature of Petitioner
State of
, County of
This instrument was acknowledged before me on
by
My Commission Expires
Affix Seal, if any
Signature of Notarial Officer / Title
Signature of Attorney for Petitioner
Printed Name, Address and Phone Number of Attorney
Bar #
Page 3 of 4
Signature of Respondent
Signature of Attorney for Respondent
Page 4 of 4
What is the NHJB 2058 FS form?
The NHJB 2058 FS form is a Joint Petition for Divorce used in the state of New Hampshire. It allows both parties to formally request a divorce and outlines essential details about the marriage, children, and any related legal matters. This form is crucial for initiating the divorce process in the New Hampshire Judicial Branch.
Who should fill out the NHJB 2058 FS form?
Both spouses, referred to as the petitioner and respondent, need to complete the NHJB 2058 FS form. Each party must provide their personal information, including names, addresses, and details about any minor children involved in the marriage. Accurate information is essential for the court to process the petition effectively.
What information is required on the form?
The form requires various details, including the names and birthdates of both parties, their addresses, the date and location of the marriage, and information about any minor children. Additionally, it asks for residency information, custody details, and any prior court cases related to custody or domestic issues.
What happens if there are minor children involved?
If there are minor children born to or adopted by the parties, the form requires specific information about their living arrangements over the past five years. This includes the names of caretakers and addresses. This information is vital for determining custody and jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
What if one party is receiving public assistance?
If either party is receiving public assistance, such as TANF or Medicaid, they must indicate this on the form. They are also required to send copies of the petition and the Personal Data Sheet to the New Hampshire Department of Health and Human Services. This ensures that all relevant parties are informed and can address any support obligations.
Can the parties request temporary orders?
Yes, the form allows parties to request temporary orders on various issues, including child support, parenting plans, and alimony. These temporary orders remain in effect until the divorce is finalized. It is important to specify which issues require temporary relief in the petition.
What should be done if additional space is needed for answers?
If more space is required to provide detailed answers, the form allows for the attachment of an Extra Page, specifically Form NHJB-2656-FPS. This ensures that all necessary information can be included without compromising clarity or completeness.
What is the significance of the acknowledgment section?
The acknowledgment section of the form is crucial as it requires both parties to affirm that the information provided is accurate and complete. This section also emphasizes the ongoing duty to inform the court of any relevant court actions that may affect the children involved in the case.
What should be done after completing the form?
After completing the NHJB 2058 FS form, both parties must sign it and submit it to the appropriate court in New Hampshire. It is advisable to keep copies of all submitted documents for personal records. Additionally, both parties should be prepared to attend any required court hearings as part of the divorce process.
Understanding the NHJB 2058 FS form can be challenging, especially with the various misconceptions surrounding it. Here are nine common misconceptions and clarifications about this form:
This form can be used by couples without children. While additional sections pertain to children, the form itself is primarily for filing a joint petition for divorce.
While legal assistance can be helpful, it is not mandatory. Individuals can complete the form on their own if they feel comfortable doing so.
Filing the NHJB 2058 FS form does not ensure a speedy divorce. The timeline can vary based on the court's schedule and the complexity of the case.
Incomplete forms can lead to delays. It is essential to provide detailed and accurate information to facilitate the process.
In addition to this form, other documents may be required, depending on the specifics of the case, such as financial disclosures or additional custody forms.
The NHJB 2058 FS form also addresses child custody, support, and other important matters, not just property division.
While it is best to submit accurate information, changes can be made if necessary. However, it may require additional steps to amend the submitted documents.
The court must review and approve the terms before they are enforceable. It is crucial to attend any required hearings.
Filing the NHJB 2058 FS form does not imply agreement on all issues. It is a starting point for negotiation and court review.
The NHJB 2058 FS form, used for filing a joint petition for divorce in New Hampshire, shares similarities with several other legal documents. Each of these documents serves a specific purpose in family law proceedings. Below are four documents that are comparable to the NHJB 2058 FS form:
New Hampshire Criminal Records - Maintaining copies of the submitted form and documents is advisable.
New Hampshire Business Enterprise Tax - Each member's compensation must reflect their actual work in the business.
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