Divorce Laws in New Hampshire: Complete 2026 Guide

New Hampshire recognizes both no-fault and fault-based grounds for divorce. The no-fault ground is codified at RSA 458:7-a, which provides that a divorce shall be decreed 'irrespective of the fault of either party, on the ground of irreconcilable differences which have caused the irremediable breakdown of the marriage.' This is the most commonly used ground, with over 90% of New Hampshire divorces granted on this basis. To file on no-fault grounds, the petitioner simply needs to assert that the marriage has broken down and cannot be repaired — no evidence of wrongdoing is required. For fault-based divorces, RSA 458:7 lists specific grounds under which a divorce may be 'decreed in favor of the innocent party.' These fault grounds include: (I) impotency; (II) adultery; (III) extreme cruelty; (IV) conviction of a crime carrying more than one year of imprisonment and actual service of time; (V) treatment that seriously injures the health or endangers the reason of the other spouse; (VI) habitual drunkenness or drug abuse persisting for at least two years; (VII) absence and failure to communicate for two continuous years; (VIII) abandonment and refusal to cohabit for two years; and (IX) joining a religious sect that considers marriage unlawful and refusing to live with the other spouse for six months or more. It is important to note that the New Hampshire Supreme Court confirmed in Ebbert v. Ebbert, 123 N.H. 252 (1983) that when the legislature established irreconcilable differences as a no-fault ground, the original fault-based grounds were not repealed and remain valid. However, courts have increasingly shifted away from fault-based divorces in practice. Even when fault is successfully proven, the resulting adjustments in property division or alimony are typically minor and may not justify the additional legal costs. Fault can be considered as one factor in equitable property distribution under RSA 458:16-a, II(l) if it caused the breakdown of the marriage and resulted in substantial physical or mental pain, economic loss, or both. Anyone considering a fault-based divorce should consult with an experienced New Hampshire family law attorney. The burden of proof rests on the filing spouse to demonstrate the specific misconduct, and the filer must maintain 'innocent party' status throughout the proceeding — even conduct after filing can affect the claim.

New Hampshire's residency requirements for filing divorce are set forth in RSA 458:5, which establishes three alternative bases for the court's jurisdiction. You do not need to have been married in New Hampshire to file for divorce in the state. The New Hampshire Judicial Branch's official guidance confirms that on the day the petition for divorce is filed, one of the following must apply. First, if both spouses are domiciled (living permanently) in New Hampshire at the time of filing, the court has immediate jurisdiction — no minimum residency duration is required. Second, if the filing spouse (petitioner) resides in New Hampshire and the other spouse can be personally served with divorce papers within the state, the court likewise has jurisdiction without any waiting period. Third, if the petitioner is the sole New Hampshire resident and cannot personally serve the other spouse within the state, the petitioner must have been domiciled in New Hampshire for at least one year immediately before filing. Additionally, RSA 458:6 provides that the court has jurisdiction over the cause for divorce when it wholly arose while the plaintiff was domiciled in the state. Venue — meaning which specific court location handles your case — is determined by the county where either party lives, pursuant to RSA 458:9 and Family Division Rule 2.3(B). The filing is made in the Circuit Court — Family Division in the appropriate county. These flexible residency rules mean that many New Hampshire residents can file immediately. However, if your situation involves a spouse in another state and you have not yet resided in New Hampshire for a full year, you may need to wait or explore whether your spouse can be served in-state. An attorney can help evaluate the most efficient jurisdictional pathway.

New Hampshire follows the equitable distribution model for dividing property in a divorce, as governed by RSA 458:16-a. Under this statute, the court presumes that an equal (50/50) division is an equitable distribution of property. However, the court may deviate from an equal division if it determines that such a split would not be appropriate or equitable after considering specific statutory factors. Importantly, all property owned by either spouse — regardless of when it was acquired or whose name is on the title — is considered part of the marital estate subject to division. The factors the court considers when deciding whether to adjust from a presumptive equal division include: (a) the duration of the marriage; (b) the age, health, social or economic status, occupation, vocational skills, employability, separate property, income, needs, and liabilities of each party; (c) the opportunity of each party for future acquisition of capital assets and income; (d) the ability of the custodial parent to engage in gainful employment without substantially interfering with the interests of minor children; (e) the need of the custodial parent to occupy or own the marital residence; (g) significant disparity in contributions to the marriage, including homemaking and childcare; (h) direct or indirect contributions to the other party's education or career development; (i) the expectation of pension or retirement rights; (j) tax consequences; and (k) the value of property allocated by a valid prenuptial agreement. Fault may also be considered under RSA 458:16-a, II(l), but only if the fault caused the breakdown of the marriage and either resulted in substantial physical or mental pain and suffering or substantial economic loss to the marital estate. The New Hampshire Supreme Court in Boucher v. Boucher, 131 N.H. 377 (1988) clarified that while fault may not be considered in property division following a no-fault divorce decree, property need not be distributed equally — it must be distributed equitably. Assets such as inheritances or gifts are included in the divisible estate, though the court may consider how they were acquired when making its determination.

Spousal support (alimony) in New Hampshire is governed by RSA 458:19 (definitions) and RSA 458:19-a (term and reimbursement alimony). Alimony is not automatic — it may be ordered upon agreement of the parties or, in contested cases, upon a court finding that the requesting spouse lacks sufficient income or property to meet reasonable needs, the other spouse has the ability to pay, and the requesting spouse is unable to be self-supporting through appropriate employment. The purpose of alimony is to allow both parties to maintain a reasonable standard of living. New Hampshire uses a statutory formula for calculating term alimony. Under RSA 458:19-a, II(a), the amount of a term alimony order is the lesser of the payee's reasonable need or 23% of the difference between the parties' gross incomes at the time the order is created. This 23% figure is based on alimony not being deductible to the payor under current federal tax law; if federal law changes to make alimony deductible and taxable, the formula increases to 30%. The court may adjust this formula if justice requires, considering special circumstances such as health or disability, the degree and duration of financial dependency, vocational skills and employability, voluntary unemployment, the special needs of children, property awarded, and the conduct of either party during the marriage. The maximum duration of term alimony under RSA 458:19-a, III is 50% of the length of the marriage, unless the parties agree otherwise or the court finds special circumstances justifying an adjustment. Alimony generally ends upon the payor reaching full retirement age or actual retirement, whichever is later. New Hampshire also provides for reimbursement alimony under RSA 458:19-a, V, which compensates a spouse for contributions to the other's financial resources (such as supporting education or job training). Reimbursement alimony is generally limited to five years and is typically non-modifiable. Alimony orders can be modified upon a showing of a substantial and unforeseeable change in circumstances, supported by clear and convincing evidence.

New Hampshire uses the term 'parental rights and responsibilities' rather than 'custody' and 'visitation,' governed by RSA Chapter 461-A. The overarching standard is the best interests of the child, as set forth in RSA 461-A:6. New Hampshire's policy, stated in RSA 461-A:2, is that children do best when both parents have stable and meaningful involvement in their lives. The state encourages frequent and continuing contact between each child and both parents, and encourages parents to share in the rights and responsibilities of raising their children after separation or divorce. Under RSA 461-A:6, the court considers numerous factors in determining parental rights and responsibilities, including: (a) the relationship of the child with each parent and each parent's ability to provide nurture, love, affection, and guidance; (b) the ability of each parent to assure adequate food, clothing, shelter, medical care, and a safe environment; (c) the child's developmental needs and each parent's ability to meet them; (d) the quality of the child's adjustment to school and community; (e) each parent's ability and disposition to foster a positive relationship with the other parent; (g) each parent's support for the child's contact with the other parent; (i) the parents' ability to communicate, cooperate, and make joint decisions; (j) any evidence of abuse; (k) incarceration of a parent; and (m) any other factor deemed relevant. As of January 2025, following HB 185 (effective January 2025), New Hampshire further strengthened its shared-parenting approach. The law now provides that if the court concludes approximately equal parenting time is not in the child's best interest, the court must make written findings supporting its order. There is also a presumption, affecting the burden of proof, that joint decision-making responsibility is in the best interest of minor children under RSA 461-A:5. If a child is found to be of sufficient maturity, the court may give substantial weight to the child's preference. Parents must develop and submit a parenting plan, and if they cannot agree, the court will create one. Cases with minor children also require both parents to complete the mandatory 4-hour Child Impact Program.

All New Hampshire divorces are filed in the Circuit Court — Family Division in the county where either spouse resides. The process begins with preparing and filing a Petition for Divorce. If both spouses agree, they may file a Joint Petition for Divorce (Form NHJB-2058-F), which eliminates the need for formal service. If only one spouse is initiating the divorce, that spouse files an individual Petition for Divorce (Form NHJB-2057-F). Along with the petition, the filing spouse must submit financial affidavits and, if minor children are involved, documents related to child custody, support, and a proposed parenting plan. The filing fee for a divorce without minor children is $280, and a divorce with minor children costs $282 (which includes a $2 parental rights fee), according to the official NH Circuit Court filing fee schedule. A $25 fee applies for issuance of new orders of notice (summons). Fees may be paid by cash, credit card, check, or money order. If you cannot afford the filing fee, you may file a motion requesting a reduced fee or fee waiver, supported by a financial statement. The court's Information Center can be reached at 1-855-212-1234 for assistance. After filing, the non-filing spouse must be served with the divorce papers, which can be accomplished through certified mail (restricted delivery) or sheriff service. The respondent then has 15 days to file an Appearance under Family Division Rule 2.5. If the divorce involves minor children, both parents must complete the 4-hour Child Impact Program within 45 days of service. The case then proceeds through mandatory disclosure, mediation (if children are involved), and any necessary hearings. If all issues are resolved by agreement, the parties submit a final stipulation and the court issues the Final Decree of Divorce. If issues remain contested, the court schedules a final hearing where a judge decides the unresolved matters. All divorce and family law cases in New Hampshire are heard by the Circuit Court — Family Division. New Hampshire's court system is organized into a three-tier structure: the Circuit Court (which includes Family Division, District Division, and Probate Division), the Superior Court, and the Supreme Court. The Family Division was established to handle all domestic relations matters in a specialized setting, including divorce, parenting actions, child support, domestic violence petitions, guardianship of minors, and related cases. New Hampshire has 10 counties, and Family Division courts are located throughout the state to serve each county. You file your divorce petition in the Family Division of the Circuit Court in the county where you or your spouse resides, per RSA 458:9. The Family Division uses both judges and marital masters to preside over divorce cases. Marital masters are experienced attorneys appointed by the court to hear and decide family law matters, with their decisions subject to review by a Family Division judge if requested. If either party disagrees with the final ruling in the Family Division, they may appeal to the New Hampshire Supreme Court, which is the state's highest court and sole appellate court for most civil matters. New Hampshire does not have an intermediate appellate court, so Family Division decisions go directly to the Supreme Court on appeal. Supreme Court filing fees for divorce and marital appeals are set at $285 as of July 1, 2025, per Supreme Court Rule 49.

New Hampshire does not impose a mandatory waiting period or separation requirement between filing for divorce and finalization of the decree. Unlike states such as California (which requires a 6-month waiting period) or Maine (which requires 60 days), New Hampshire courts can begin processing a divorce case as soon as the respondent's time to respond to the petition has elapsed. In practical terms, while there is no statutory waiting period, there is an inherent timeline dictated by procedural steps. After the petition is filed, the respondent must be served and then has time to file an Appearance (15 days under Rule 2.5) and respond to the petition. For cases with minor children, both parents must complete the mandatory 4-hour Child Impact Program within 45 days of service. These requirements create a de facto processing period, but they are procedural milestones rather than a waiting period. For uncontested divorces where both spouses agree on all issues, the practical timeline from filing to finalization is typically 2–3 months, depending on court scheduling and caseload. Joint petitions (Form NHJB-2058-F) filed when both parties agree from the outset can move particularly quickly, as they avoid the need for formal service. Contested divorces, depending on the complexity of the issues, typically take 8–14 months for straightforward disputes and 12–18 months or more for complex cases involving custody evaluations, business valuations, or extensive discovery.