equitable distributionNo-Fault and Fault

Divorce in New Hampshire

New Hampshire allows both fault and no-fault grounds for divorce. The state uses equitable distribution for property division. You can file if both spouses live in New Hampshire, if you live there and your spouse is served with the papers in the state, or if you have lived there for one year. No-fault divorce is based on irreconcilable differences.

Quick Facts

Residency Requirement

Filer lives in NH (1 year in some cases)

Waiting Period

None specified

Filing Fee (approximate, varies by county)

$250-$400

Property Division

equitable distribution

Grounds for Divorce

  • Irreconcilable differences
  • Adultery
  • Extreme cruelty
  • Abandonment

Key Facts

  • New Hampshire offers both fault and no-fault divorce grounds
  • On the day you file, both spouses must live in New Hampshire, or you must live there and your spouse must be served there, or you must have lived there for one year
  • Property is divided by equitable distribution
  • New Hampshire has no mandatory waiting period
  • The court may consider fault when dividing property and awarding alimony

Child Custody

New Hampshire courts determine custody based on the best interests of the child. The court uses the term 'parental rights and responsibilities' and considers the relationship between the child and each parent, each parent's ability to provide for the child, and the adjustment of the child to school and community.

Alimony / Spousal Support

New Hampshire courts may award alimony based on the requesting spouse's needs, the other spouse's ability to pay, the length of the marriage, the age and health of each party, and the standard of living during the marriage. Alimony can be temporary, rehabilitative, or reimbursement-based.

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FAQs

Common questions about divorce in New Hampshire

There is no single minimum. On the day you file, either both spouses must live in New Hampshire, or you must live there and your spouse must be served with the divorce papers in the state, or you must have lived there for at least one year.

Yes. While no-fault divorce is available in New Hampshire, filing on fault grounds may influence the court's decisions regarding property division and alimony. The court considers the conduct of the parties as one factor in making equitable distributions.

Neighboring States

All States

Disclaimer: Anew provides educational information and planning tools only. This is not legal advice. Every divorce situation is unique. Always consult a licensed family law attorney in your state for advice specific to your situation.