Divorce in New Hampshire: Laws, Requirements, and Process
A complete guide to getting a divorce in New Hampshire. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 1 year in the state (or both parties are residents and the cause of divorce arose in NH).
- Waiting period: No mandatory waiting period.
- Filing fee: $250 - $300.
Grounds for Divorce
New Hampshire allows no-fault divorce. The no-fault ground is: Irreconcilable differences.
Fault-Based Grounds
New Hampshire also recognizes these fault-based grounds for divorce:
- Adultery
- Extreme cruelty
- Conviction of a crime punishable by imprisonment for more than 1 year
- Treatment seriously injuring health or reason
- Absence for 2 years without being heard from
- Habitual drunkenness for 2 years
- Abandonment and refusal to cohabit for 2 years
- Joining a religious sect that believes the marital relationship is unlawful
Residency Requirements
1 year in the state (or both parties are residents and the cause of divorce arose in NH).
Property Division
New Hampshire is an equitable distribution state. New Hampshire follows equitable distribution. Courts divide marital property fairly based on the length of the marriage, the age, health, and social or economic status of each party, the occupation, income, and employability of each party, the contribution of each party to the acquisition of property, and the value of each party's separate property.
Alimony / Spousal Support
New Hampshire courts may award alimony based on the length of the marriage, the age, health, and station of each party, the occupation, income, and earning capacity of each party, the property division, and the conduct of each party during the marriage.
Child Custody
New Hampshire courts determine custody based on the best interest of the child. Factors include the relationship between the child and each parent, the ability of each parent to provide a stable home, the child's adjustment to school and community, and any history of domestic violence or abuse.
Child Support
New Hampshire uses the income shares model. Child support is calculated based on both parents' adjusted gross incomes, the number of children, health insurance costs, and childcare expenses.
Filing Fee
The filing fee for divorce in New Hampshire is $250 - $300. Fee waivers may be available for those who cannot afford to pay.
New Hampshire court divorce resources
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in New Hampshire?
New Hampshire allows no-fault divorce based on irreconcilable differences. The state also recognizes fault-based grounds including adultery, extreme cruelty, habitual drunkenness, abandonment, imprisonment, and others.
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How long do you have to live in New Hampshire to file for divorce?
At least one spouse must have been a resident of New Hampshire for at least 1 year before filing. If both spouses are NH residents and the cause arose in the state, this requirement may be waived.
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How is property divided in a New Hampshire divorce?
New Hampshire uses equitable distribution. Courts divide marital property fairly based on each party's contributions, the length of the marriage, and the economic circumstances of each spouse.
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How long does a divorce take in New Hampshire?
New Hampshire has no mandatory waiting period after filing. Uncontested divorces can be finalized in approximately 2 to 3 months. Contested cases may take 6 months to over a year.