Introduction
Filing for divorce is one of the most significant legal and personal decisions a person can face. If you live in New Hampshire or your marriage has a connection to the Granite State, understanding the laws that govern the divorce process is an essential first step. New Hampshire offers both no-fault and fault-based paths to divorce, follows an equitable distribution model for dividing marital property, and has no mandatory waiting or separation period — meaning that, in many cases, the process can move forward relatively efficiently.
This guide provides a comprehensive overview of New Hampshire divorce law, covering everything from the grounds you may cite in your petition to the factors courts consider when awarding custody and spousal support. While it is not a substitute for individualized legal advice, it will help you understand the framework so you can make informed decisions and have productive conversations with an attorney.
Grounds for Divorce
New Hampshire recognizes both no-fault and fault-based grounds for divorce.
No-Fault Divorce
Under RSA 458:7-a, a court will grant a divorce "irrespective of the fault of either party" when it finds that irreconcilable differences have caused the irremediable breakdown of the marriage. This is the most commonly used ground in modern New Hampshire divorces because it allows couples to end their marriage without proving that one spouse did something wrong. Either spouse — or both jointly — may file on this basis.
To proceed under no-fault grounds, the petitioner simply needs to assert that the marriage has broken down irretrievably and that there is no reasonable prospect of reconciliation.
Fault-Based Divorce
New Hampshire also permits divorce on several fault-based grounds, which are set forth in RSA 458:7. These include, but are not limited to:
- Adultery — One spouse engaged in sexual relations outside the marriage.
- Extreme cruelty — Physical or mental cruelty that endangers the health, safety, or well-being of the other spouse.
- Habitual drunkenness or drug abuse — A pattern of substance abuse sustained over a period of time.
- Abandonment or desertion — One spouse left the marital home without justification and without the other's consent for a specified period.
- Imprisonment — A spouse has been sentenced to and is serving a prison term.
- Refusal to cohabit — One spouse has, without justification, refused to live with the other for an extended period.
Filing on fault-based grounds can sometimes influence the court's decisions regarding property division or spousal support. However, because New Hampshire offers a straightforward no-fault option, many attorneys advise clients to consider whether alleging fault truly serves their strategic interests, as it can add complexity, cost, and emotional strain to the proceedings.
Residency Requirements
Before a New Hampshire court can hear your divorce case, you must satisfy the residency requirements established under RSA 458:5. The statute provides three alternative bases for jurisdiction:
- Both parties are domiciled in New Hampshire. If both spouses reside in the state at the time the petition is filed, jurisdiction is established.
- The petitioner is domiciled in New Hampshire and has been for at least one year prior to filing. This is the most common basis when only the filing spouse lives in the state.
- The petitioner is domiciled in New Hampshire and the cause of divorce arose in New Hampshire. If the events giving rise to the divorce occurred within the state, the one-year residency period may not be required.
Domicile means more than just physical presence — it means the state is your permanent home and you intend to remain there. If you recently relocated to New Hampshire, be prepared to demonstrate your intent to make the state your home. Consulting with a local attorney can help you confirm that you meet the jurisdictional threshold before you file.
Property Division
New Hampshire is an equitable distribution state, meaning that marital property is divided fairly — though not necessarily equally — between the spouses. The governing statute is RSA 458:16-a.
What Is Marital Property?
In New Hampshire, the court has broad discretion to consider all property owned by either or both spouses, regardless of when or how it was acquired. This includes assets obtained before the marriage, during the marriage, and even inherited or gifted property. While the origin of property is a factor the court may weigh, New Hampshire does not automatically exclude separate property from the division analysis the way some other states do.
Factors the Court Considers
When dividing property, the court considers a variety of factors under RSA 458:16-a, including:
- The duration of the marriage
- The age, health, and employability of each spouse
- The occupation, income, and vocational skills of each spouse
- The contribution of each spouse to the acquisition, preservation, or appreciation of marital assets (including the contribution of a homemaker)
- The value of each spouse's separate property
- The tax consequences of the proposed division
- The present and future needs of dependent children
- Fault, if relevant, particularly in cases involving dissipation of marital assets
- Any other factor the court deems relevant to achieving a just result
Because the court has wide latitude, outcomes in property division can vary significantly from case to case. Thorough financial disclosure and proper asset valuation are critical to achieving an equitable result.
Child Custody
When minor children are involved, New Hampshire courts determine custody based on the best interests of the child standard, as outlined in RSA 461-A. The state uses the terms legal custody and physical custody (also referred to as "residential responsibility" and "decision-making responsibility" in some contexts).
Legal Custody
Legal custody refers to the right and responsibility to make major decisions about the child's upbringing, including education, healthcare, and religious training. Courts may award joint legal custody (shared decision-making) or sole legal custody to one parent.
Physical Custody
Physical custody determines where the child lives on a day-to-day basis. Courts may establish a shared physical custody arrangement — sometimes called a "parenting plan" — or grant primary physical custody to one parent with visitation rights for the other.
Factors Considered
New Hampshire courts evaluate a range of factors when making custody determinations, including:
- The relationship of each parent with the child
- The ability of each parent to provide a stable, nurturing environment
- The child's adjustment to home, school, and community
- The mental and physical health of all parties
- The child's preference, if the child is of sufficient age and maturity
- Each parent's willingness to support the child's relationship with the other parent
- Any history of domestic violence or abuse
Parents are encouraged to develop a parenting plan collaboratively. If they cannot agree, the court will impose an arrangement that serves the child's best interests.
Spousal Support (Alimony)
New Hampshire courts may award spousal support — commonly known as alimony — under RSA 458:19. Alimony is not automatic; the court considers a request for support on a case-by-case basis.
Types of Alimony
New Hampshire courts may award several forms of spousal support, including:
- Temporary alimony — Support paid during the pendency of the divorce proceedings.
- Short-term or rehabilitative alimony — Support designed to help the lower-earning spouse become self-sufficient, often through education or job training.
- Reimbursement alimony — Compensation to a spouse who supported the other through education or career development during the marriage.
- Long-term alimony — Ongoing support in cases where a significant earning disparity exists and the receiving spouse cannot reasonably become self-supporting, often in long-term marriages.
Factors Considered
When deciding whether to award alimony and in what amount, the court considers factors such as:
- The length of the marriage
- Each spouse's age, health, and earning capacity
- The standard of living established during the marriage
- Each spouse's education, training, and employment history
- The division of property and how it affects each spouse's financial needs
- The ability of the paying spouse to meet their own needs while providing support
- Fault, if the court finds it relevant
Filing Process
While every divorce is unique, the general filing process in New Hampshire follows a predictable sequence of steps:
Step 1: Prepare and File the Petition
The divorce process begins when one spouse (the petitioner) files a Petition for Divorce with the Family Division of the Circuit Court in the appropriate county. The petition identifies the parties, states the grounds for divorce, and outlines any requests regarding property, custody, and support. In joint petitions, both spouses may file together.
Step 2: Serve the Other Spouse
If the divorce is not filed jointly, the petitioner must arrange for proper service of the petition on the other spouse (the respondent). Service may be completed by a sheriff, constable, or other authorized process server.
Step 3: Response
The respondent has a set period — typically 30 days — to file an answer or appearance. If the respondent fails to respond, the court may proceed with a default judgment.
Step 4: Financial Disclosures
Both parties are required to complete and exchange financial affidavits that detail their income, expenses, assets, and debts. Full transparency is essential and legally required.
Step 5: Negotiation, Mediation, or Trial
Many New Hampshire divorces are resolved through negotiation or mediation. If the parties reach an agreement on all issues, they submit a stipulation (settlement agreement) to the court for approval. If disputes remain, the case proceeds to a hearing or trial where the judge makes the final determinations.
Step 6: Final Decree
Once all issues are resolved — either by agreement or court order — the judge issues a Final Decree of Divorce, which officially dissolves the marriage and sets forth the terms of property division, custody, support, and any other relevant matters.
Timeline and Costs
Timeline
New Hampshire has no mandatory waiting or separation period, which means there is no legally required delay before you can file or before the court can finalize your divorce. However, the actual timeline depends on several factors:
- Uncontested divorces (where both parties agree on all issues) can often be finalized in approximately two to three months from the date of filing.
- Contested divorces involving disputes over property, custody, or support can take six months to over a year, depending on the complexity of the issues and the court's calendar.
Mediation, discovery, and trial preparation can all add time to the process. Courts may also schedule mandatory case management conferences to help move cases along efficiently.
Costs
The court filing fee for a divorce in New Hampshire is approximately $280 to $282 (as of February 2026; verify the current amount with your local clerk of court). Additional costs may include:
- Attorney fees, which vary widely depending on the complexity of the case and the attorney's hourly rate
- Mediation fees
- Costs associated with property appraisals, financial experts, or custody evaluators
- Service of process fees
For those who cannot afford the filing fee, New Hampshire courts may grant a fee waiver upon demonstration of financial hardship.
Conclusion
Divorce in New Hampshire is governed by a well-established body of statutory and case law that provides multiple paths to dissolution — from streamlined no-fault proceedings to more complex fault-based cases. Understanding the basics of residency requirements, property division, custody, and spousal support puts you in a stronger position to protect your interests and plan for the future.
While this guide covers the key legal concepts, every situation is different. Working with an experienced New Hampshire family law attorney is the best way to ensure that your rights are protected and that the process goes as smoothly as possible.
Legal Disclaimer: This guide is provided for general informational purposes only and does not constitute legal advice. Divorce laws and court procedures are subject to change, and individual circumstances vary widely. No attorney-client relationship is formed by reading this content. You should consult a qualified New Hampshire family law attorney for advice tailored to your specific situation. Court filing fees and procedural details should be verified with the appropriate New Hampshire Circuit Court — Family Division before filing.