Divorce in New Hampshire

Overview of New Hampshire Divorce Law

New Hampshire divorce law is governed by RSA Chapter 458, which provides both no-fault and fault-based grounds for dissolution of marriage. The no-fault ground is “irreconcilable differences which have caused the irremediable breakdown of the marriage.” This is the most commonly used ground and allows couples to end their marriage without assigning blame. New Hampshire also retains several fault-based grounds, which may be relevant to property division and alimony determinations.

New Hampshire courts process divorce cases through the Family Division of the Circuit Court. The state has earned a reputation for relatively efficient case processing compared to many other jurisdictions, particularly for uncontested matters.

Residency Requirements

To file for divorce in New Hampshire, both parties must be domiciled in the state, or the filing spouse must have been domiciled in New Hampshire for at least one year before filing. If both spouses currently reside in the state, the one-year requirement does not apply. The divorce petition is filed in the circuit court of the county where either spouse resides.

Grounds for Divorce

Under RSA 458:7, New Hampshire recognizes the following grounds:

• Irreconcilable differences (no-fault)
• Impotency
• Adultery
• Extreme cruelty
• Conviction of a crime punishable by more than one year of imprisonment
• Treatment that seriously injures health or endangers reason
• Habitual drunkenness for two years
• Abandonment and refusal to cohabit for two years
• Absence for two years without being heard from
• When a spouse has joined a religious sect that considers marriage unlawful and has refused to cohabit for six months

Although fault grounds remain available, the vast majority of New Hampshire divorces are filed under the no-fault provision. For an overview of the divorce process generally, see our complete guide to divorce.

Filing Fees and Costs

The filing fee for a divorce in New Hampshire is approximately $252. Fee waivers are available for individuals who qualify based on income and financial hardship. Additional costs may include service of process fees, mediation costs, and attorney fees if representation is retained.

Waiting Period

New Hampshire does not impose a mandatory waiting period before a divorce can be finalized. Once all issues are resolved and the court approves the settlement or issues its decision after trial, the final decree may be entered without a prescribed delay. This is distinct from many states that require a cooling-off period between filing and finalization.

Property Division: Equitable Distribution

New Hampshire follows the equitable distribution model for dividing marital property. Under RSA 458:16-a, the court divides property in a manner that is just and equitable, considering all relevant factors. The court begins with a presumption that an equal division is equitable, but may depart from equal division based on:

• The length of the marriage
• The age, health, and station of each party
• The occupation, sources of income, and vocational skills of each party
• The amount and sources of income and property of each party
• The opportunity for each party to acquire future capital assets and income
• The fault of either party, if applicable
• The contribution of each party to the acquisition, preservation, or appreciation of marital assets
• The tax consequences of the proposed division

New Hampshire courts generally divide marital property, which includes assets acquired during the marriage. Separate property, such as gifts and inheritances, may be set aside to the owning spouse unless equity requires otherwise.

Spousal Support (Alimony)

Under RSA 458:19, the court may award alimony after considering the financial circumstances of both parties. New Hampshire recognizes several forms of alimony, including term alimony, rehabilitative alimony, and reimbursement alimony. There is no rigid formula for calculating the amount or duration. Instead, the court weighs factors including the length of the marriage, each party’s income and earning capacity, age and health, and the standard of living during the marriage.

Alimony in New Hampshire is modifiable upon a showing of changed circumstances and typically terminates upon the death of either party or the remarriage of the recipient.

The New Hampshire Divorce Process

1. Filing — One spouse files a Petition for Divorce with the circuit court, or both spouses may file jointly.
2. Service — The petition must be served on the other spouse in accordance with court rules.
3. Temporary Orders — Either party may request temporary orders for support, custody, or use of property while the case is pending.
4. Mandatory Mediation — Although not required in all cases, the court may refer contested matters to mediation.
5. Discovery and Negotiation — Both parties exchange financial disclosures and attempt to negotiate a settlement.
6. Final Hearing — The court conducts a final hearing and, if the parties have reached agreement, reviews the settlement. If issues remain contested, the court holds a trial.
7. Final Decree — The court issues a final decree of divorce.

When to Consult an Attorney

New Hampshire’s equitable distribution framework and the availability of fault-based grounds create complexity that can significantly affect outcomes in property division and alimony. If your case involves substantial assets, retirement accounts, business interests, or contested custody, consulting with a family law attorney is strongly recommended. You can request a free consultation to discuss your situation with a qualified professional.