4/5/01...0466s

2001 SESSION

01-1042

05/09

SENATE BILL 82

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill:

I. Clarifies that no service is required if the parties file a joint libel for divorce.

II. Allows an individual against whom a libel for divorce has been filed to pick up the libel at the court within a specified time period, after which it will be served by a sheriff or deputy if the individual lives within the state or by certified mail if the individual lives outside the state.

III. Allows for service on an individual whose address is unknown by publication.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

4/5/01...0466s

01-1042

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

Be it Enacted by the Senate and House of Representatives in General Court convened:

147:1 Annulment, Divorce and Separation; Notice; Service of Process. Amend RSA 458:9 to read as follows:

458:9 Venue; Notice. All libels for divorce shall be brought in the county in which the parties, or one of them, live, and before the superior court; and the notice of the pendency thereof shall be given to the libelee[, personally or otherwise, as the court shall order] as required by this section.

I. If the parties file a joint libel for divorce, the libel shall be filed at the appropriate court without further service or notice required.

II. An individual libel for divorce shall be filed with the appropriate court, together with the filing fee, by the libelant. Service of an individual libel for divorce may be accepted by the libelee or the attorney for the libelee, or made by a sheriff. Upon receipt of an individual libel for divorce, the court shall attach to the libel a notice to libelee (formerly orders of notice) and an appearance form. The court shall then send notice to the libelee indicating that the libel has been filed and that the libelee or the libelee's attorney may accept service at the court within 10 days. If neither the libelee nor the attorney for the libelee accepts service at the court within 10 days as specified in the correspondence, the libel shall be forwarded to the libelant for service by the sheriff, or deputy, if the libelee lives within the state or by certified mail if the libelee lives outside the state of New Hampshire. Service within the state shall be made in hand or by leaving an attested copy of the libel, notice to libelee, and appearance at the libelee's abode, within 25 days of the date of the notice to libelee, and the return of service shall state the street and number, or some other description, of the abode.

III. When the residence of the libelee is not known, the libel shall state the libelee's last known post office address, and the name and post office address of some near relative of the libelee, if any is known to the libelant, and otherwise the name and post office address of some friend of the libelee, such facts to be verified by the libelant's personal affidavit filed with the libel. The libelant or libelant's attorney shall file the libel with the court together with the name and address of a newspaper published in the city or town nearest to the libelee's last known address. Service shall then be ordered by publication in a newspaper published in the city or town nearest to the libelee's last known place of residence in the state of New Hampshire, with publication to be completed not less than 15 days before the return date, and by certified mail addressed to the libelee care of the relative or friend of the libelee, or otherwise as the court may order. Publication may be waived for good cause upon motion to the court.

147:2 Effective Date. This act shall take effect January 1, 2002.

(Approved: June 29, 2001)

(Effective Date: January 1, 2002)