New Hampshire offers a relatively flexible approach to divorce, with options for both no-fault and fault-based filings. Whether you live in Manchester, Nashua, or a rural town, understanding how divorce works in the state is the first step toward protecting your rights and moving forward.
Residency Requirements in New Hampshire
To file for divorce in New Hampshire, one of the following must apply: (1) both spouses reside in the state, (2) the petitioner has lived in the state for at least one year, or (3) the cause of the divorce occurred in New Hampshire and one spouse resides there.
No-Fault vs. Fault Divorce
New Hampshire allows both no-fault and fault-based divorces. The no-fault ground is irreconcilable differences that have caused the marriage to break down beyond repair. Fault grounds include adultery, extreme cruelty, habitual drunkenness, and abandonment.
Starting the Divorce Process
The divorce process begins with the filing of a Petition for Divorce in the Family Division of the Circuit Court. After filing, the other spouse is served and given an opportunity to respond. If both parties agree on all terms, the case may proceed without a hearing.
Parenting Plans and Child Custody
If children are involved, parents must file a comprehensive parenting plan that outlines decision-making responsibilities and residential schedules. The court’s priority is the best interests of the child, and shared parenting is encouraged when appropriate.
New Hampshire allows parents to create their own parenting plans, but the court will intervene if there is disagreement or if the plan is not in the child's best interests.
Division of Marital Property
New Hampshire follows an equitable distribution model. The court divides property fairly, though not always equally. Factors include the duration of the marriage, each spouse's contribution, age and health, and future economic outlook.
Spousal Support (Alimony)
Alimony is awarded based on need and ability to pay. Courts look at the length of the marriage, earning capacity, educational background, and each spouse's ability to become financially independent. Alimony may be temporary or permanent, depending on the facts of the case.
Child Support Guidelines
Child support is calculated using a statutory formula based on gross income of both parents. Adjustments may be made for childcare, health insurance, and special needs. Modifications are allowed if there is a substantial change in circumstances.
- No-fault and fault-based divorce options
- Flexible residency rules depending on circumstances
- Parenting plans required in all cases with children
- Property divided based on equitable distribution
- Child support based on combined gross income
Unlike many states, New Hampshire allows fault-based divorce to influence property division and alimony awards — making the grounds for divorce more than symbolic.
Divorce in New Hampshire can be straightforward or complex, depending on the couple's level of agreement. By learning the state's rules around custody, support, and property, you can prepare for a smoother legal process and a stronger outcome for your future.
If you're unsure about your rights or next steps, consult a local attorney or legal aid service. You can also download New Hampshire divorce papers or browse New Hampshire divorce lawyers to get the help you need.