Divorce in New Hampshire (2026)

New Hampshire’s Master System: How Divorce Cases Are Heard

One of the most distinctive features of New Hampshire’s divorce process is the master system. Rather than having every case heard by a judge from start to finish, New Hampshire assigns many divorce cases to a master — a court-appointed official, typically an experienced family law attorney, who conducts hearings, evaluates evidence, and issues recommendations.

The master’s report and recommendations are submitted to a judge for review. Either party may file an objection within 10 days. If an objection is filed, the judge conducts a hearing on the contested issues. If no objection is filed, the master’s recommendations are adopted as the court’s order.

This system has practical implications for how you prepare your case:

• Your first hearing will likely be before a master, not a judge — treat it with the same seriousness as a trial
• The master’s findings of fact carry significant weight — judges typically defer to the master’s credibility determinations
• Timely objections are critical — missing the objection deadline means accepting the master’s recommendations

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.

For a detailed walkthrough of the filing process, see our article on New Hampshire divorce process and grounds.

Grounds for Divorce: No-Fault and Fault Options

Under RSA 458:7, New Hampshire recognizes both no-fault and fault-based grounds, giving couples more options than purely no-fault states:

No-fault ground:

• Irreconcilable differences that have caused the irremediable breakdown of the marriage

Fault-based grounds:

• 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. However, fault can be strategically relevant because New Hampshire is one of the states where marital fault may influence property division and alimony, giving it more practical significance than in purely no-fault jurisdictions.

For an overview of the divorce process generally, see our complete guide to divorce.

Filing Fees and No Waiting Period

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.

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 distinguishes New Hampshire from many states that require a cooling-off period.

Property Division: Equitable Distribution with a Starting Presumption of Equality

New Hampshire follows the equitable distribution model under RSA 458:16-a. 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

The starting presumption of equal division means that in many New Hampshire divorces, particularly longer marriages, a roughly 50/50 split is the baseline. However, the court has discretion to adjust the division based on the listed factors.

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.

Fault’s Role in Property Division and Alimony

New Hampshire is one of the minority of states where marital fault can directly affect financial outcomes. Under RSA 458:16-a, fault is an explicit factor in property division, and under RSA 458:19, it is a factor in alimony. This means that a spouse who committed adultery, was habitually drunk, or engaged in extreme cruelty may receive a smaller share of marital property or reduced alimony — or conversely, the victimized spouse may receive a larger share.

In practice, courts weigh fault alongside all other factors, and egregious misconduct is more likely to affect the outcome than minor marital failings. Still, the availability of this consideration distinguishes New Hampshire from states where financial outcomes are determined purely on economic factors.

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:

• Term alimony — Support for a defined period, often linked to the length of the marriage
• Rehabilitative alimony — Support to allow a spouse to gain education, training, or employment needed for self-sufficiency
• Reimbursement alimony — Compensation for one spouse’s contributions to the other’s education or career development

There is no rigid formula for calculating the amount or duration. The court weighs factors including the length of the marriage, each party’s income and earning capacity, age and health, the standard of living during the marriage, and the fault of either party.

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

The 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. Mediation — The court may refer contested matters to mediation at its discretion.
5. Discovery and Negotiation — Both parties exchange financial disclosures and attempt to negotiate a settlement.
6. Master Hearing — If the case is not settled, a master conducts a hearing and issues recommendations.
7. Objection Period — Either party may object to the master’s recommendations within 10 days.
8. Final Decree — The court issues a final decree of divorce, either adopting the master’s recommendations or after a judge’s hearing on objections.

When to Consult an Attorney

New Hampshire’s equitable distribution framework, the availability of fault-based grounds, and the master system create layers of complexity that can significantly affect outcomes. The fact that fault may influence both property division and alimony gives it real financial stakes, and the master system requires careful preparation from the outset. 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.

Frequently Asked Questions

How long do I need to live in New Hampshire before filing?

If both spouses currently reside in the state, there is no minimum duration. If only one spouse resides in New Hampshire, that spouse must have been domiciled in the state for at least one year before filing.

Is New Hampshire a community property or equitable distribution state?

New Hampshire is an equitable distribution state. Under RSA 458:16-a, the court begins with a presumption that an equal division is equitable but may depart from equal division based on factors such as the length of the marriage, each party’s earning capacity, and the contribution of each party to marital assets.

Is there a waiting period for divorce in New Hampshire?

No. 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 final decree may be entered without a prescribed delay.

Does New Hampshire allow fault-based divorce?

Yes. While most divorces are filed under the no-fault ground of irreconcilable differences, New Hampshire retains fault-based grounds including adultery, extreme cruelty, habitual drunkenness for two years, abandonment for two years, and imprisonment for a crime punishable by more than one year.

Can fault affect how property is divided in New Hampshire?

Yes. Under RSA 458:16-a, the fault of either party is an explicit factor in property division. Similarly, fault is a factor in alimony determinations under RSA 458:19. This makes New Hampshire one of the minority of states where marital misconduct can directly affect financial outcomes.

What is the master system and how does it affect my case?

A master is a court-appointed official who hears evidence and issues recommendations in divorce cases. Your initial hearing will likely be before a master rather than a judge. Either party may object to the master’s recommendations within 10 days. If no objection is filed, the recommendations become the court’s order. Preparation for the master hearing is critical because findings of fact at that stage carry significant weight.

How This Guide Was Researched

This guide draws on a thorough review of RSA Chapter 458, including RSA 458:7 (grounds for divorce), RSA 458:16-a (equitable distribution with fault as a factor), and RSA 458:19 (alimony). The master system was analyzed based on New Hampshire Circuit Court procedural rules and Family Division guidelines. We consulted the New Hampshire Judicial Branch website for current filing procedures, fee schedules, and forms. New Hampshire Bar Association family law section publications provided context on the practical operation of the master system and the role of fault in financial determinations.

Sources and Legal References

• RSA 458:7 — Grounds for divorce (irreconcilable differences and fault-based grounds)
• RSA 458:16-a — Equitable distribution of property (with fault as a factor, starting presumption of equality)
• RSA 458:19 — Alimony factors (including fault)
• RSA Chapter 458 — New Hampshire’s comprehensive dissolution of marriage statute
• New Hampshire Circuit Court Rules — Master system procedures and objection timelines

Official New Hampshire Resources

• New Hampshire Judicial Branch — Divorce/Parenting
• New Hampshire Family Division

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

• New Hampshire divorce process and grounds — Step-by-step guide to the filing process
• Custody in New Hampshire — Parental rights and responsibilities, parenting plans, and mediation
• Child support in New Hampshire — Income shares model and guidelines
• New Hampshire custody best interest factors — How courts weigh each factor
• No-fault divorce — Understanding no-fault grounds nationwide
• Community property vs. equitable distribution — The two major property division systems
• Divorce mediation vs. litigation — Choosing the right process
• How much divorce costs — Understanding and planning for expenses