Divorce in New Hampshire
New Hampshire allows both fault and no-fault grounds for divorce. The state uses equitable distribution for property division and requires at least one spouse to have been a New Hampshire resident at the time of filing. No-fault divorce is based on irreconcilable differences.
Quick Facts
Residency Requirement
Residency at time of filing
Waiting Period
None specified
Filing Fee
$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
- ★At least one spouse must be a New Hampshire resident at the time of filing
- ★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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Common questions about divorce in New Hampshire
New Hampshire does not require a specific duration of residency. At least one spouse must be domiciled in New Hampshire at the time of filing. If the cause of divorce occurred out of state, the filing spouse must have been a resident 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.