- Residency requirement
- 1 year (with exceptions)
- Waiting period
- No mandatory period
- Grounds
- No-fault and fault-based
- Property division
- Equitable distribution
- Where to file
- Circuit Court (Family Division)
Residency requirements in New Hampshire
Before a New Hampshire court can grant a divorce, residency must be established: 1 year (with exceptions). If you recently moved, you may need to wait or file in the state where you or your spouse previously lived.
Grounds for divorce
New Hampshire allows no-fault divorce and also recognizes fault-based grounds (such as adultery, cruelty, or abandonment). Fault can sometimes affect support or property outcomes, so it’s worth discussing with an attorney.
How long a divorce takes in New Hampshire
The mandatory waiting period is no mandatory period. Uncontested cases often finish soon after that period ends, while contested cases can take many months depending on the issues and the court’s calendar.
Dividing property and debt
New Hampshire follows equitable distribution. Courts divide marital property fairly, which isn’t always 50/50, considering factors like the length of the marriage, each spouse’s income and contributions, and future needs.
Custody and child support
New Hampshire courts decide custody based on the best interests of the child and calculate child support using state guidelines based on both parents’ incomes. Parents are encouraged to agree on a parenting plan.
Filing in New Hampshire
Divorce cases are filed in the Circuit Court (Family Division) in the county where you or your spouse lives. Filing fees vary by county; fee waivers are available if you qualify. Most courts post forms and self-help resources online.
Related: How to file for divorce · Child custody explained
Laws change. This summary is general information for New Hampshire and may not reflect the latest updates or local court rules. Confirm details with a licensed New Hampshire attorney.
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