New Hampshire offers one of the most accessible paths to an affordable divorce in the United States. The total court filing fee starts at $235 for cases without minor children, and uncontested divorces can be finalized in as few as 8 to 12 weeks. Under RSA 458:7-a, New Hampshire allows no-fault divorce based on irreconcilable differences, eliminating the need for expensive fault-based litigation. Couples who agree on property division, support, and parenting can file a joint petition and avoid attorney fees entirely, making a cheap divorce in New Hampshire realistic for many families.
Key Facts: Divorce in New Hampshire (2026)
| Item | Details |
|---|---|
| Filing Fee (no children) | $235 ($225 entry fee + $10 vital statistics) |
| Filing Fee (with children) | $237 + $85/parent Child Impact Program |
| Residency Requirement | Both domiciled in NH (no minimum) or plaintiff domiciled 1 year |
| No-Fault Grounds | Irreconcilable differences (RSA 458:7-a) |
| Fault-Based Grounds | 9 grounds under RSA 458:7 |
| Waiting Period | None (no mandatory waiting period) |
| Property Division | Equitable distribution with 50/50 presumption (RSA 458:16-a) |
| Uncontested Timeline | 8 to 12 weeks |
| Contested Timeline | 8 to 14 months |
| Mediation (with children) | Mandatory; $450 total ($225/party) |
| Fee Waiver Available | Yes, based on financial hardship |
How Much Does a Divorce Cost in New Hampshire?
The minimum cost of filing for divorce in New Hampshire is $235 for couples without minor children, which includes the $225 court entry fee and a $10 vital statistics fee required under Circuit Court Family Division Rule 1.3. Couples with minor children pay $237 in court fees plus $85 per parent for the mandatory Child Impact Program, bringing the combined minimum to $407. Credit and debit card payments through the TurboCourt or File & Serve platforms carry an additional 3% processing fee. As of March 2026. Verify with your local clerk.
A cheap divorce in New Hampshire is achievable when both spouses agree on all terms before filing. The cost breakdown for a typical uncontested divorce looks like this:
- Court filing fee: $235 to $237
- Child Impact Program (if children): $170 ($85 per parent)
- Mandatory mediation (if children): $450 ($225 per party)
- Document preparation service: $150 to $500
- Attorney review of agreement: $300 to $750
- Process server (if not joint petition): $50 to $100
The total cost for a self-filed uncontested divorce without children can be as low as $235 if both spouses handle the paperwork themselves. Contested divorces with attorneys typically cost $10,000 to $20,000 per spouse in New Hampshire, according to 2024 legal industry surveys, making the uncontested route up to 98% cheaper.
Filing for Divorce Without an Attorney in New Hampshire
New Hampshire courts explicitly allow self-represented (pro se) litigants to file for divorce without an attorney, and the NH Judicial Branch provides free forms and filing instructions through its Family Division website at courts.nh.gov. Approximately 70% of family law cases in New Hampshire involve at least one self-represented party, according to court system data. Filing without an attorney is the single most effective way to get a cheap divorce in New Hampshire.
To file a pro se divorce, follow these steps:
- Confirm residency: Under RSA 458:5, both spouses must be domiciled in New Hampshire, or the filing spouse must have been domiciled in the state for at least one year if the other spouse lives out of state.
- Choose your petition type: Joint petitions (both spouses file together) are fastest. Individual petitions require serving the other spouse, who then has 30 days to respond.
- Download forms from the NH Judicial Branch website. Required forms include the Petition for Divorce, Financial Affidavit, and Child Support Guidelines Worksheet (if applicable).
- Complete the Financial Affidavit. Both spouses must disclose all income, assets, and debts.
- File at the Circuit Court Family Division in the county where either spouse resides.
- Pay the $235 filing fee or submit a fee waiver request.
- Attend the final hearing. Uncontested cases typically require one brief hearing where the judge reviews and approves the agreement.
The NH Circuit Court operates Family Divisions in all 10 counties: Belknap, Carroll, Cheshire, Coos, Grafton, Hillsborough (with locations in Manchester and Nashua), Merrimack, Rockingham, Strafford, and Sullivan.
No-Fault Divorce Under RSA 458:7-a
New Hampshire permits no-fault divorce when both spouses agree that irreconcilable differences have caused the irremediable breakdown of the marriage, as defined by RSA 458:7-a. Under this statute, neither spouse needs to prove wrongdoing, and allegations of specific misconduct are inadmissible unless the court determines they are necessary to establish the breakdown or resolve parental rights issues. No-fault divorce is the foundation of every affordable divorce in New Hampshire because it eliminates the discovery, depositions, and trial preparation that make fault-based cases expensive.
New Hampshire also recognizes nine fault-based grounds under RSA 458:7, including adultery, extreme cruelty, habitual drunkenness for two or more years, and abandonment for two years. Fault-based cases require evidence and often expert witnesses, which can add $5,000 to $15,000 in legal costs. For anyone seeking a budget divorce, filing on no-fault grounds is almost always the correct choice.
Residency Requirements for Filing
New Hampshire imposes no minimum residency duration when both spouses are domiciled in the state at the time the cause of divorce arose, making it one of the fastest states to establish filing eligibility under RSA 458:5. When only the filing spouse lives in New Hampshire and the other spouse resides out of state, the plaintiff must have been domiciled in New Hampshire for at least one year before filing.
Three pathways satisfy the residency requirement:
- Both spouses domiciled in New Hampshire when the marital breakdown occurred: no waiting period
- Filing spouse domiciled in New Hampshire and the other spouse is personally served within the state: no duration requirement
- Filing spouse domiciled in New Hampshire for one year or more: required when the other spouse lives out of state and cannot be served in New Hampshire
Domicile means physical presence in the state with the intent to make it a permanent home. Simply renting an apartment or receiving mail in New Hampshire does not establish domicile without genuine intent to remain.
Property Division: Equitable Distribution with a 50/50 Presumption
New Hampshire divides marital property under an equitable distribution model that begins with a presumption of equal (50/50) division, as codified in RSA 458:16-a. The court must provide written reasons for any deviation from equal division. Unlike many states that only divide marital property, New Hampshire courts have the authority to divide all property owned by either spouse, including assets acquired before the marriage, gifts, and inheritances, though the source of the property is one factor in the analysis.
The court considers 13 statutory factors when dividing property:
- Duration of the marriage
- Age, health, income, and employability of each spouse
- Opportunity for future acquisition of assets and income
- Custodial parent's need to occupy the marital home
- Contributions to the other spouse's education or career
- Pension and retirement rights, including 401(k) plans and IRAs
- Tax consequences of the proposed division
- Fault in causing the marital breakdown, if it caused substantial economic loss
- Value of prenuptial or postnuptial agreements
- Animal ownership and welfare (added to statute in recent years)
For couples pursuing an affordable divorce in New Hampshire, agreeing on property division before filing eliminates the need for appraisals, forensic accountants, and contested hearings. A written property settlement agreement submitted with a joint petition can reduce the total divorce cost to the $235 filing fee alone.
Alimony in New Hampshire: The 2019 Reform Formula
New Hampshire reformed its alimony laws effective January 1, 2019, establishing a formula-based system under RSA 458:19-a that caps both the amount and duration of spousal support. Term alimony is calculated at 30% of the difference between the spouses' gross incomes, and the award cannot exceed the recipient's reasonable need. The maximum duration of term alimony is 50% of the length of the marriage, and alimony terminates when the payor reaches full Social Security retirement age.
New Hampshire recognizes three types of alimony:
| Type | Calculation | Maximum Duration |
|---|---|---|
| Term Alimony | 30% of income difference | 50% of marriage length |
| Reimbursement Alimony | Based on contributions | 5 years from final decree |
| Temporary Alimony | Court discretion | Duration of litigation only |
Alimony terminates automatically upon the remarriage of the recipient under RSA 458:19-aa. Cohabitation by the recipient may also reduce or eliminate alimony if the court finds economic interdependence with the new partner. These statutory caps give both spouses predictability and reduce litigation over support amounts, which is a significant advantage for anyone pursuing a low cost divorce.
Child Support Guidelines Under RSA 458-C
New Hampshire calculates child support using an income shares model under RSA 458-C that bases the obligation on both parents' combined net income. For one child, the guideline percentage ranges from 25.6% of combined net income (at $15,000/month or less) down to 19% (at $125,000/month or more). The minimum child support order is $50 per month. Each parent is also required to contribute 4% of gross income toward the child's medical support under RSA 458-C:3(V).
Effective 2024, HB 1564 clarified that when parents have substantially similar incomes and approximately equal parenting time, there is a rebuttable presumption of a $0 child support obligation. This change, combined with the shared parenting presumption in HB 185 (effective January 1, 2025), significantly impacts support calculations for parents who share custody equally.
The self-support reserve protects the paying parent's income at 130% of the federal poverty guideline for a single person. Overtime income beyond 40 hours per week for hourly workers is excluded from the support calculation, and a second job's income is excluded when the parent already works full-time.
8 Ways to Reduce Divorce Costs in New Hampshire
New Hampshire provides several structural advantages for keeping divorce affordable. The state has no mandatory waiting period, allows joint petitions, provides free court forms, and offers fee waivers for qualifying individuals. Here are 8 specific strategies to minimize costs:
-
File a joint petition. When both spouses agree on all terms, they can file together, eliminating service of process costs ($50 to $100) and reducing court appearances to one final hearing.
-
Use the no-fault ground. Filing under RSA 458:7-a for irreconcilable differences avoids the expense of proving fault, which can add $5,000 to $15,000 in legal fees.
-
Request a fee waiver. The NH Judicial Branch allows parties to request reduced fees or free filing based on financial hardship. Forms are available at courts.nh.gov under "How to Request to Pay a Lower Fee or File for Free."
-
Complete the Child Impact Program online. The mandatory $85 per parent program for cases with minor children can be completed online, saving travel time and scheduling delays.
-
Draft your own separation agreement. Use the court's template forms and instructions to create a property settlement agreement, parenting plan, and child support worksheet without attorney involvement.
-
Hire an attorney for limited scope representation. Instead of full representation ($5,000 to $15,000), hire an attorney for a one-time review of your completed paperwork ($300 to $750). This approach catches errors without the cost of full representation.
-
Use court-annexed mediation for disputes with children. At $225 per party for up to 4 hours, mediation is far cheaper than litigating custody and support issues, which can cost $10,000 or more per spouse.
-
Agree on property division before filing. New Hampshire's equitable distribution system under RSA 458:16-a starts with a 50/50 presumption, giving both spouses a clear baseline for negotiation.
Recent Law Changes Affecting New Hampshire Divorce (2024 to 2026)
New Hampshire enacted several significant family law reforms in 2024 and 2025 that directly impact divorce proceedings and costs. HB 185, effective January 1, 2025, created a presumption of approximately equal parenting time for both parents, requiring courts to make written findings if deviating from shared custody. This law reduces litigation over custody arrangements because the starting point is now equal time rather than one parent seeking to establish it.
HB 1564, enacted in 2024, revised child support guidelines to create a rebuttable presumption of $0 child support when parents have substantially similar incomes and approximately equal parenting time. This change eliminated a financial incentive to litigate over small differences in parenting schedules.
SB 359, effective January 1, 2025, raised the minimum marriage age from 16 to 18, eliminating the possibility of minor marriages in New Hampshire. HB 1220 eliminated the collection of racial and ancestral data from marriage license applications, effective January 1, 2025.
The NH Department of Health and Human Services issued a request for proposals in 2026 for the mandatory quadrennial review of child support guidelines under RSA 458-C, which may result in updated support percentages.
Mandatory Mediation for Cases with Children
New Hampshire requires mediation in all divorce cases involving minor children under RSA 458:15-c, unless the court finds mediation inappropriate due to domestic violence, severe substance abuse, or child abuse or neglect. The mediation program costs $450 per case (typically split $225 per party) and includes up to 4 hours of mediation and 1 hour of administrative time. Fee waivers are available for parties who cannot afford the mediation fee.
Mediation resolves approximately 60% to 70% of cases without further litigation, making it one of the most cost-effective requirements in the divorce process. Couples who reach agreement in mediation avoid contested hearings on custody and support, which can add 6 to 12 months and $10,000 or more to the total cost.
The court may waive the mediation requirement when:
- A history of domestic violence exists between the parties
- Either party has a severe substance abuse problem
- There has been neglect or abuse of a minor child
- Mediation would cause undue hardship on one party
- The parties have already agreed to use another form of alternative dispute resolution
Free and Low-Cost Divorce Resources in New Hampshire
New Hampshire provides several free resources that make affordable divorce accessible to all residents regardless of income. The NH Judicial Branch website (courts.nh.gov) offers free downloadable forms, step-by-step filing instructions, and guides for self-represented parties. The court's toll-free number (1-855-212-1234) provides general procedural information.
- NH Legal Aid (nhla.org): Free legal assistance for qualifying low-income residents
- NH Bar Association Lawyer Referral Service: 30-minute consultations for a reduced fee
- Court Self-Help Center: Available at all 10 Family Division locations for procedural questions
- Fee Waiver Program: Eliminates the $235 filing fee based on financial need
- TurboCourt: Online filing platform that guides users through form completion
Low-income residents who qualify for a fee waiver can complete their entire divorce for $0 in court costs. When combined with free court forms and legal aid assistance, a free divorce in New Hampshire is genuinely possible for those who meet the income guidelines.
Frequently Asked Questions
How much does a cheap divorce in New Hampshire cost?
The minimum cost of filing for divorce in New Hampshire is $235, which includes the $225 court entry fee and $10 vital statistics fee. Cases with minor children cost $237 in court fees plus $85 per parent for the mandatory Child Impact Program and $225 per party for mediation. A self-filed uncontested divorce without children can be completed for $235 total.
How long does an uncontested divorce take in New Hampshire?
An uncontested divorce in New Hampshire typically takes 8 to 12 weeks from filing to final decree when both spouses agree on all terms and file a joint petition. New Hampshire has no mandatory waiting period, so the timeline depends primarily on court scheduling. Contested divorces take 8 to 14 months on average.
Can I file for divorce in New Hampshire without a lawyer?
Yes, New Hampshire courts allow self-represented parties to file for divorce without an attorney. The NH Judicial Branch provides free forms and instructions at courts.nh.gov. Approximately 70% of family law cases in New Hampshire involve at least one self-represented party. The court's Self-Help Center offers procedural guidance at all 10 Family Division locations.
What are the residency requirements for divorce in New Hampshire?
Under RSA 458:5, both spouses must be domiciled in New Hampshire when the cause of divorce arose, or the filing spouse must have been domiciled in the state for at least one year when the other spouse lives out of state. There is no minimum residency duration when both spouses live in New Hampshire.
Is New Hampshire a 50/50 divorce state?
New Hampshire uses equitable distribution with a presumption of equal (50/50) division under RSA 458:16-a. The court starts with a 50/50 split and deviates only when 13 statutory factors justify unequal division, requiring written reasons. Unlike most states, New Hampshire courts can divide all property, including premarital assets.
How is alimony calculated in New Hampshire?
Under RSA 458:19-a, term alimony equals 30% of the difference between the spouses' gross incomes, capped at the recipient's reasonable need. The maximum duration is 50% of the marriage length. Alimony terminates upon the payor's retirement at full Social Security age or the recipient's remarriage.
Can I get a fee waiver for divorce in New Hampshire?
Yes, the NH Judicial Branch offers fee waivers for parties who demonstrate financial hardship. The waiver can eliminate the $235 filing fee, the $85 Child Impact Program fee, and the $225 mediation fee. Applications are available at courts.nh.gov under "How to Request to Pay a Lower Fee or File for Free."
What is the Child Impact Program in New Hampshire?
The Child Impact Program is a mandatory educational program for all parents with minor children who are going through divorce in New Hampshire. The program costs $85 per parent and can be completed online. It covers the effects of divorce on children and strategies for co-parenting. Both parents must complete the program before the court will finalize the divorce.
Does New Hampshire require mediation in divorce cases?
New Hampshire requires mediation in all divorce cases involving minor children under RSA 458:15-c. The mediation program costs $450 total ($225 per party) and includes up to 4 hours of mediation. Exceptions exist for domestic violence, substance abuse, and child abuse cases. Mediation is not required for divorces without children.
What changed about New Hampshire custody law in 2025?
HB 185, effective January 1, 2025, established a presumption of approximately equal parenting time for both parents in New Hampshire. Courts must now make written findings to deviate from shared custody. HB 1564 (2024) also created a rebuttable presumption of $0 child support when parents have similar incomes and equal parenting time.