Divorce in New Hampshire

How to file for divorce in New Hampshire

1. Check residency. One spouse must be domiciled in New Hampshire; if only the petitioner is a resident, 1 year of NH domicile is required before filing (no minimum if both spouses are already NH domiciliaries).
2. Prepare and file the Petition for Divorce (or Joint Petition for Divorce) with the Circuit Court, Family Division in your county. The filing fee is typically $250 to $252, and you can ask for a fee waiver if you cannot afford it.
3. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
4. Exchange financial disclosures. Financial Affidavits must be exchanged within 45 days of filing the petition.
5. Settle the issues in a written agreement, and a parenting plan if you have children.
6. Wait out the waiting period. No mandatory statutory waiting period; uncontested cases typically finalize in 2 to 3 months. Then ask the court for your final judgment.

Residency and grounds

Residency: One spouse must be domiciled in New Hampshire; if only the petitioner is a resident, 1 year of NH domicile is required before filing (no minimum if both spouses are already NH domiciliaries).

Grounds: No-fault and fault. Most people still file on no-fault grounds, which is simpler and usually cheaper.

Separation: None required before a divorce becomes final.

How property is divided

New Hampshire uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.

Custody and child support

Parenting terms: New Hampshire uses the terms parental rights and responsibilities. Every decision is made in the child's best interests.

Parenting class: Mandatory statewide: the Child Impact Program (CIP) is required for all divorcing parents with children under 18.

Child support: New Hampshire uses the income shares model, which combines both parents' incomes, estimates what parents at that income usually spend on children, and divides that amount by each parent's share of income. Try the child support calculator.

Spousal support

Term alimony is the lesser of the recipient's reasonable need or 23% of the difference in the parties' gross incomes, and is capped at 50% of the length of the marriage; reimbursement alimony is capped at 5 years.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

Joint Petition for Divorce: Available when both spouses agree on all terms, which simplifies service requirements and speeds up processing.

Legal separation: available in New Hampshire, for couples who want support and parenting orders without ending the marriage.

How long it takes

The minimum is set by the waiting period: no mandatory statutory waiting period; uncontested cases typically finalize in 2 to 3 months. A typical timeline is 2 to 3 months once all paperwork is complete. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in New Hampshire

• The official circuit court fee schedule lists $250 without minor children and $252 with minor children, lower than some secondary sources report.
• Eight fault grounds are available (adultery, extreme cruelty, criminal conviction, and others) alongside the no-fault irreconcilable differences ground.
• The Child Impact Program costs about $75 per parent and is required in every case with minor children.

Official resources

Official forms and instructions come from New Hampshire's courts. Sources we reviewed:

• courts.nh.gov
• courts.nh.gov

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.