New Hampshire permits remarriage immediately after your divorce is finalized, with no mandatory waiting period between the final decree and obtaining a new marriage license. Under RSA 458, once a New Hampshire court enters your final divorce decree, you are legally free to marry again the same day. The marriage license fee is $50, and licenses are valid for 90 days statewide. However, remarriage automatically terminates any alimony you receive under RSA 458:19-aa, so divorced individuals should understand the financial implications before walking down the aisle again.
Key Facts: Remarriage After Divorce in New Hampshire
| Requirement | Details |
|---|---|
| Waiting Period for Remarriage | None — remarry immediately after final decree |
| Marriage License Fee | $50 |
| License Validity | 90 days statewide |
| Required Documents | Final divorce decree (certified copy) + photo ID |
| Blood Test Required | No |
| Residency Requirement | None for marriage license |
| Minimum Marriage Age | 18 years (no exceptions) |
| Alimony Impact | Automatic termination upon remarriage |
No Waiting Period for Remarriage in New Hampshire
New Hampshire imposes no waiting period between the finalization of a divorce and remarriage for either former spouse. This means you can legally remarry on the same day your divorce decree becomes final. Under RSA 457, the state's marriage statutes, there is no cooling-off period, separation requirement, or mandatory delay before obtaining a new marriage license after divorce.
This policy differs significantly from other states. California requires a 6-month waiting period from filing to finalization, effectively creating a delay before remarriage eligibility. Texas imposes a 30-day waiting period after divorce before either party can remarry. New Hampshire's approach recognizes that once a court has finalized the dissolution of a marriage, both parties should be free to move forward with their lives immediately.
The key requirement is that your divorce must be truly final. In New Hampshire, the divorce decree becomes effective on the date the judge signs it, unless the order specifies a different effective date. There is no automatic appeal period that delays the finality of a divorce decree in New Hampshire. However, if either party files a motion to reconsider within 10 days under Superior Court Rule 12, or appeals the decision, the divorce may not be considered final until those proceedings conclude.
For remarriage after divorce in New Hampshire, timing matters primarily for documentation purposes rather than legal waiting periods. You will need a certified copy of your final divorce decree to apply for a new marriage license, and this document may take 1-2 weeks to obtain from the court clerk's office after the decree is entered.
How to Obtain a Marriage License After Divorce
Obtaining a marriage license after divorce in New Hampshire requires appearing in person at any city or town clerk's office with your future spouse and providing documentation of your prior marriage's dissolution. The process is straightforward but requires specific documents and a $50 fee as of April 2026.
Both applicants must appear together at the clerk's office. Unlike some states, New Hampshire does not permit proxy applications or mail-in submissions for marriage licenses. You may apply at any town or city clerk's office in the state regardless of where you live or where the ceremony will take place, providing flexibility for couples planning destination weddings within New Hampshire.
Required Documents for Remarriage
When applying for a marriage license after divorce, you must provide:
- Government-issued photo identification (driver's license or passport) for both applicants
- Certified copy of your final divorce decree showing the date the marriage was dissolved
- Social Security numbers for both applicants (required under RSA 457:22)
- Full names, dates of birth, and places of birth for both applicants
- If previously divorced multiple times, certified copies of all prior divorce decrees
The divorce decree requirement specifically calls for a certified or absolute copy, not a photocopy. If your divorce occurred in New Hampshire after 1979 and more than six months ago, you can typically obtain a certified copy from your local city clerk's office for $15 (first copy) or from the court where the divorce was granted for $40 (full decree packet).
For divorces finalized in other states, contact that state's vital records office or the court that issued the decree. Processing times vary, so plan accordingly if your remarriage timeline is tight.
Marriage License Validity and Ceremony Requirements
A New Hampshire marriage license is valid for 90 days from the date of issuance under RSA 457:26. If you do not hold your ceremony within this 90-day window, you must reapply and pay the $50 fee again. The license is valid anywhere within New Hampshire but cannot be used for ceremonies in other states.
New Hampshire requires no waiting period between obtaining the license and holding the ceremony. Unlike states such as Wisconsin (5-day wait) or Pennsylvania (3-day wait), you can marry immediately upon receiving your license. Witnesses are not required to sign the marriage certificate in New Hampshire.
Impact of Remarriage on Alimony
Remarriage automatically terminates alimony payments in New Hampshire under RSA 458:19-aa, unless the original divorce agreement specifically provides otherwise. This termination is immediate and absolute — the paying spouse does not need to file a motion or petition the court. Alimony simply ends on the date of remarriage.
This automatic termination provision applies to all forms of alimony in New Hampshire, including term alimony (limited duration support), reimbursement alimony (compensating one spouse for supporting the other through education or career development), and any other spousal support ordered under RSA 458:19.
What the Paying Spouse Should Do
When a paying spouse learns their ex has remarried, they should take these steps:
- Document the date of remarriage (obtain a copy of the marriage certificate if possible)
- Send written notice to the former spouse stating that alimony payments will cease as of the remarriage date
- Retain copies of all documentation and correspondence
- Stop making payments after the remarriage date
No court filing is required to terminate alimony upon remarriage. However, if the recipient spouse disputes the termination or if there is a question about whether payments made after the remarriage date should be refunded, the paying spouse may need to file a motion with the Family Division to resolve the dispute.
Recovering Overpayments
If a paying spouse continues making alimony payments after the recipient remarries (perhaps because the recipient failed to disclose the remarriage), those overpayments may be recoverable. New Hampshire courts have discretion to order reimbursement of payments made after the termination event occurred. However, recovering overpayments requires filing a motion and proving both the remarriage date and the amounts paid after that date.
Cohabitation vs. Remarriage
New Hampshire law treats cohabitation differently from remarriage. While remarriage triggers automatic alimony termination, cohabitation requires the paying spouse to file a motion and prove that the recipient is living with an unrelated adult in a marriage-like relationship that makes continued support unjust.
Under RSA 458:19-aa, courts consider seven factors when evaluating cohabitation claims:
- Living together continuously in a primary residence
- Sharing household expenses
- Economic interdependence between the parties
- Joint ownership of property or financial accounts
- Existence of an intimate relationship
- Holding themselves out as a couple to others
- Any other factors the court deems material
Cohabitation cases are fact-intensive and require evidence. Simply having a romantic partner does not automatically terminate alimony — the relationship must have the characteristics of a marriage-like partnership.
Reinstatement of Alimony After Remarriage Ends
New Hampshire law provides a unique provision allowing reinstatement of alimony if a payee's second marriage ends in divorce within five years of the original alimony termination. Under RSA 458:19-aa, if alimony was terminated due to remarriage or cohabitation, the court may reinstate the original alimony award upon finding that the subsequent marriage has ended in divorce, provided the request is made within 5 years of the termination date.
This reinstatement provision has important limitations:
- The request must be filed within 5 years of the original alimony termination
- If the original order had a specific end date, reinstatement cannot extend beyond that date
- If the original order specified a number of payments, reinstatement is limited to the remaining payments
- If both a termination date and number of payments were specified, the termination date controls
For example, if you received alimony scheduled to last until December 2028, remarried in January 2025 (terminating alimony), then divorced your second spouse in March 2026, you could petition to reinstate alimony. If granted, the reinstated alimony would end no later than December 2028 as originally ordered.
Child Support and Remarriage
Remarriage does not automatically affect child support obligations in New Hampshire. Under RSA 458-C, child support is calculated based on the parents' incomes and the number of children, following New Hampshire's child support guidelines. A parent's new spouse's income is generally not included in the child support calculation.
However, remarriage can indirectly affect child support in limited circumstances:
- If the paying parent has additional children with a new spouse, this may be considered as a factor in modification requests
- If remarriage significantly changes either parent's financial circumstances (such as reduced living expenses from sharing a household), a modification might be warranted
- New spouse income is not directly counted but may free up more of the parent's own income for support
Any modification of child support requires filing a motion demonstrating a substantial change in circumstances. Remarriage alone, without other significant changes, is typically insufficient to warrant modification.
Property Division and Remarriage
New Hampshire follows equitable distribution principles under RSA 458:16-a, meaning marital property is divided fairly but not necessarily equally. Once a divorce is finalized and property division is complete, remarriage does not affect the property settlement terms.
A new law effective January 1, 2026 (RSA 458:51-a) strengthens the finality of property settlements. Courts must now enforce final property settlements and divorce decrees strictly according to their terms. A party seeking to void or modify a final settlement must prove by a preponderance of evidence that it was procured by fraud, duress, mutual mistake, misrepresentation, or subsequent illegality.
This means that even if you remarry and your financial circumstances change significantly, you generally cannot reopen your property division from a prior divorce. The division is final, and remarriage does not create grounds for modification.
Protecting Assets in a Second Marriage
If you are remarrying with significant assets from your first marriage or from the period between marriages, consider a prenuptial agreement under RSA 460:2-a. New Hampshire enforces prenuptial agreements that meet basic requirements:
- The agreement must be in writing and signed by both parties
- Both parties must make full financial disclosure
- The agreement cannot be unconscionable at the time of execution
- Both parties should have the opportunity to consult with independent legal counsel
A prenuptial agreement can protect assets you acquired before the second marriage, inheritance rights, retirement accounts, and business interests.
Divorce Filing Costs and Timeline Reference
While this guide focuses on remarriage after divorce, understanding the divorce process provides context for when remarriage becomes possible. New Hampshire divorce filing fees are $250 without minor children and $282 with minor children as of April 2026. Additional costs include motion filing fees ($85 per motion), modification petitions ($135-$225), and a 3% surcharge on electronic payments.
New Hampshire has no mandatory waiting period between filing for divorce and finalization. An uncontested divorce with no minor children can be finalized in as few as 30-60 days. Contested divorces involving custody disputes or complex property division may take 12-18 months or longer.
The total cost of divorce in New Hampshire ranges from $500-$2,500 for uncontested cases (including filing fees, service of process, and potentially the $50 per person Child Impact Program for cases with children) to $12,300-$44,000 for contested cases requiring extensive attorney involvement. Attorney fees in New Hampshire typically range from $150-$400 per hour.
Residency Requirements: Divorce vs. Marriage
New Hampshire's residency requirements differ significantly for divorce and marriage, which matters if you or your new partner live in different states.
Divorce Residency Requirements
Under RSA 458:5, New Hampshire provides three pathways to establish jurisdiction for divorce:
- Both spouses are domiciled in New Hampshire — either may file immediately
- Only the filing spouse lives in New Hampshire, but the other spouse can be personally served within the state — jurisdiction exists immediately
- Only the filing spouse lives in New Hampshire and the other spouse cannot be served in-state — the filer must have been domiciled in New Hampshire for at least one year before filing
Marriage License Residency Requirements
New Hampshire has no residency requirement for obtaining a marriage license. Under RSA 457, both residents and non-residents may apply for a marriage license at any city or town clerk's office in the state. This makes New Hampshire a popular destination for out-of-state couples seeking to marry, particularly those who want to avoid waiting periods in their home states.
Frequently Asked Questions
How soon can I remarry after divorce in New Hampshire?
You can remarry immediately after your New Hampshire divorce is finalized. New Hampshire imposes no waiting period between the entry of a final divorce decree and obtaining a new marriage license. The only practical delay is obtaining a certified copy of your divorce decree, which typically takes 1-2 weeks from the court clerk and costs $15-$40 depending on the source.
Do I need my divorce decree to get a marriage license in New Hampshire?
Yes, you must present a certified copy of your final divorce decree when applying for a marriage license after divorce. The clerk will verify that your previous marriage was legally dissolved before issuing a new license. Photocopies are not accepted — you need an official certified copy from the court or vital records office.
Will remarriage affect my alimony payments in New Hampshire?
Remarriage automatically terminates alimony under RSA 458:19-aa unless your divorce agreement specifically states otherwise. This termination is immediate and requires no court action. If you pay alimony, you may stop payments upon your ex-spouse's remarriage after documenting the date and providing written notice.
Can I get alimony back if my second marriage fails?
Yes, under limited circumstances. RSA 458:19-aa allows reinstatement of alimony if you file a request within 5 years of the termination date and your second marriage ends in divorce. However, reinstated alimony cannot extend beyond the original termination date if one was specified in your decree.
Does my new spouse's income affect my child support obligation?
No, your new spouse's income is not directly included in child support calculations under New Hampshire's guidelines. Child support is based on the biological or adoptive parents' incomes. However, remarriage may indirectly affect support if it significantly changes your overall financial circumstances.
How much does a marriage license cost in New Hampshire?
The marriage license fee in New Hampshire is $50 as of April 2026. The license is valid for 90 days and may be used anywhere within the state. If you do not use the license within 90 days, you must reapply and pay the fee again.
Is there a waiting period after getting my marriage license?
No, New Hampshire has no waiting period between obtaining a marriage license and holding the ceremony. You can marry immediately upon receiving your license. This differs from states like Wisconsin (5-day wait) or Massachusetts (3-day wait for some couples).
Do I need witnesses for my New Hampshire wedding?
No, New Hampshire does not require witnesses to sign the marriage certificate. The ceremony must be performed by an authorized officiant (justice of the peace, ordained minister, or other authorized person), but no witnesses are legally required.
Can I remarry in New Hampshire if I got divorced in another state?
Yes, you can remarry in New Hampshire regardless of where your divorce was finalized. You will need to provide a certified copy of your divorce decree from the state where it was issued. New Hampshire has no residency requirement for marriage licenses, so out-of-state residents may marry here.
What happens if I remarry before my divorce is final?
Marrying before your divorce is finalized constitutes bigamy, which is a crime in New Hampshire and all other states. A marriage entered into while either party is still legally married to someone else is void from the beginning. Always verify that your divorce decree has been entered and is final before applying for a new marriage license.
Conclusion
Remarriage after divorce in New Hampshire is legally straightforward, with no waiting period and minimal documentation requirements. The $50 marriage license fee, immediate availability after divorce finalization, and no residency requirement make New Hampshire one of the easier states for divorced individuals to remarry. However, understanding the automatic termination of alimony upon remarriage and the limited reinstatement provisions is essential for financial planning. Consulting with a family law attorney before remarriage can help protect your interests, particularly if you receive or pay alimony or have significant assets to protect through a prenuptial agreement.
Written by Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering New Hampshire divorce law
Last updated: April 2026. Filing fees and court costs verified as of this date. Always confirm current fees with your local Circuit Court Family Division clerk before filing.