New Hampshire New Hampshire

Divorce Law Guide

New Hampshire Divorce Overview

Residency Requirement
Living Separate & Apart
Processing Time
Filing Fee
12 months
24 months
0 days

The facts about divorce in New Hampshire

Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptible grounds for divorce vary from state to state.

In New Hampshire, a divorce can be completed on average in a minimum of 0 days, with court fees of $180.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in New Hampshire for a minimum of twelve months.

On this page, you can learn about New Hampshire's grounds for divorce, how the divorce process works, and about other parts of the divorce process, such as New Hampshire alimony calculation, the property division process and more.

New Hampshire Divorce Law Summary

One of the spouses must be a resident of the state of New Hampshire, or is an individual from the Armed Forces who has been positioned in this state, for one year before the divorce decree can be sought.

The state, like many others, have two options, the no-fault and fault divorce. For a no-fault divorce, the couple must agree, with evidence, that the marriage is not able to be saved and submit the evidence to the courts for validation.

A fault divorce can only be given for the following reasons: I. Impotency of either party. II. Adultery of either party. III. Extreme cruelty of either party to the other. IV. Conviction of either party, in any State or Federal District, of a crime punishable by imprisonment for more than one year and actual imprisonment under such conviction. V. When either party has so treated the other as seriously to injure health or endanger reason. VI. When either party has been absent 2 years together and has not been heard of. VII. When either party is a habitual drunkard and has been such for two years together. VIII. When either party has joined any religious sect or society which professes to believe the relation of husband and wife unlawful and has refused to cohabit with the other for six months together. IX. When either party, without sufficient cause, and without the consent of the other, has abandoned and refused, for two years together, to cohabit with the other. (New Hampshire Statutes - Chapters: 458:7, 458:26)

It is recommended that the person or couple seeking divorce consult a lawyer to make sure that they have the right grounds to file.

New Hampshire Divorce Guide - Frequently Asked Questions

In state of New Hampshire a number of factors are taken into account when ending a marriage.

1. New Hampshire Grounds for Divorce FAQ

Is New Hampshire a no-fault divorce state?

New Hampshire allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in New Hampshire may be "irreconcilable differences", or similar grounds.

Does New Hampshire allow at-fault divorces?

In addition to no-fault grounds for divorce, New Hampshire is a fault divorce state which provides the option to file for a traditional at-fault divorce. Suing for an at-fault divorce alleges that the filer's spouse is the cause of the divorce due to engaging in one of New Hampshire's at-fault divorce grounds, such as adultery, abuse, or insanity.

In some cases, an at-fault divorce is pursued because it can entitle the suing spouse to a greater share of marital property or even punitive alimony payments if their partner's fault is proven. If their spouse contests these allegations, they may be challenged in court, which can lead to a lengthy and expensive legal process.

Does the state of New Hampshire allow incompatibility as grounds for divorce?

Yes, New Hampshire does allow incompatibility to be used as grounds for having a divorce.

Can you get a divorce in New Hampshire for living separate and apart?

In divorce law, "living seperate and apart" refers to married spouses who are living separate from each other, not engaging in a traditional marital relationship, and do not intend to repair the marriage.

In New Hampshire, married couples who have been living separate and apart for a minimum of 24 months may be granted a divorce on these grounds when sued for by either spouse.

2. New Hampshire Divorce Process FAQ

Does state of New Hampshire allow legal separation?

Legal separation (otherwise known as "judicial separation") is a legal process that enables spouses to be de facto separated while remaining legally married.

In some cases, New Hampshire will grant a judicial separation court order to a married couple who wishes to live separately. This order may settle issues generally handled in a divorce such as property division and alimony. A legal separation may be followed up by a full divorce, or the spouses may later reconcile and end the separation while remaining legally married.

What's the difference between a divorce and an annulment in New Hampshire?

While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void. An annulment makes it legally as if a marriage never took place to begin with.

Generally, annulment is used to conclude a marriage that should not have been legally recognized in the first place, such as a marriage where one of the spouses was unable to consent (by virtue of being underage, due to mental incapacity, or even intoxication), a marriage that was entered into under duress or via fraudulent means, or when one of the spouses was already legally married.

How long do I have to live in in the state of New Hampshire to get a divorce?

The state of New Hampshire requires that spouses suing for divorce to have lived in the state for a minimum of twelve months prior to filing divorce papers. Otherwise, New Hampshire courts are not considered to have jurisdiction over the divorce case.

What is the filing fee for a divorce in New Hampshire?

The court fees for filing the paperwork for a basic divorce in a New Hampshire court is $180.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.

How long does it take to get a divorce in New Hampshire?

If the process moves along without holdups, the paperwork for a divorce in New Hampshire can be processed in a minimum of 0 days. However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer.

3. New Hampshire General Divorce FAQ

Can my spouse stop me from getting a divorce?

Even if one spouse is opposed to getting a divorce, they cannot stop their partner from filing for and receiving a divorce in New Hampshire. While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time.

New Hampshire permits spouses to sue for an at-fault divorce, and in this case their partner can contest the allegations in court. A non-fault petition for divorce, however, can generally not be contested by an unwilling spouse in New Hampshire.

Does New Hampshire have any limitations on remarriage after a divorce?

New Hampshire has no mandatory waiting period between the finalization of a divorce and either of the ex-spouses getting remarried. Remarriage following a divorce may affect the continued payment of alimony.

What is the divorce rate in New Hampshire?

According to the most recent CDC study, the yearly divorce rate in New Hampshire is 9 per 1,000 total population. The national divorce rate is 6.9 per 1,000 total population. Various studies suggest that nationwide, 30% to 50% of all marriages end in divorce.

Does New Hampshire recognize same sex divorces?

New Hampshire recognizes both same sex marriages and same sex divorces. The process of getting a seme-sex divorce is the same as a heterosexual divorce.

| State Law Official Text

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