Everything to Know About Divorce in New Hampshire
- Prerequisites
- How to file for divorce
- Cost of divorce & filing fees
- Property, assets & debt division
- Spousal support (alimony)
- Child support & custody
- Military divorce
- Legal separation and annulment
- E-filing
- After divorce
- Legal help and divorce resources
If you're considering divorce in New Hampshire, it's essential to understand the legal requirements and procedures. This guide provides a comprehensive overview to help you through the process.
Prerequisites
Residency requirements
To file for divorce in New Hampshire, one of the following must apply:
- Both parties currently live in New Hampshire.
- The petitioner has lived in New Hampshire for at least one year.
- The petitioner lives in New Hampshire and the respondent can be served with divorce papers in the state.
Grounds for divorce
New Hampshire recognizes both no-fault and fault-based grounds for divorce.
- No-fault: Irreconcilable differences causing the irremediable breakdown of the marriage.
- Fault-based: Includes adultery, extreme cruelty, habitual drunkenness, and more.
Waiting period & separation requirements
There is no waiting period nor separation required before filing for divorce in New Hampshire.
How to file for divorce in New Hampshire
- Determine the appropriate court: File in the Family Division of the Circuit Court in your county.
- Complete the required forms: Petition for Divorce (Joint or Individual), Personal Data Sheet, Financial Affidavit, and Parenting Plan (if children are involved).
- File the forms: Submit the completed forms to the court clerk and pay the filing fee.
- Serve the other party: If filing individually, ensure the other spouse is formally served.
- Attend court hearings: Participate in any required hearings or mediation sessions.
- Get your decree.
Cost of divorce & filing fees
- Filing fee: Approximately $250 without children; $252 with children.
- Mediation fee: Court-connected mediation costs $450 per case for up to four hours, split between parties.
- Other costs can vary depending on what expert services you need and how you prepare your paperwork.
- Fee waivers: These may be available for individuals who cannot afford the fees. Apply here.
Property, asset & debt division
New Hampshire follows the principle of equitable distribution, meaning marital property is divided fairly, though not necessarily equally. Factors considered include the length of the marriage, contributions of each spouse, and economic circumstances.
Spousal support (alimony)
Alimony may be awarded based on factors such as the duration of the marriage, age, and health of both parties, and each party's economic status. The court aims to ensure that neither party is unduly disadvantaged post-divorce. It is never a given, and must be requested formally with the court or worked out in your settlement agreement.
Child support & custody
Custody: Determined based on the best interests of the child, considering factors like the child's relationship with each parent, the child's adjustment to home and school, and the mental and physical health of all individuals involved.
Support: Calculated using the New Hampshire Child Support Guidelines, which consider both parents' incomes and the needs of the child or dependent.
Military divorce
Military divorces follow the same procedures as civilian divorce, but must also comply with federal laws like the Servicemembers Civil Relief Act (SCRA), which can affect timelines and proceedings.
Legal Separation and Annulment
- Legal separation: Allowed in New Hampshire for couples who want to live separately without ending the marriage.
- Annulment: Declares the marriage null and void, as if it never occurred, based on specific legal grounds. They are difficult to get. Here’s why.
E-filing
New Hampshire offers electronic filing for certain family division cases. Check with your local court for availability or click here for more information.
After divorce: steps to take
- Update personal records (e.g., Social Security, driver's license).
- Revise estate planning documents.
- Adjust insurance policies and beneficiaries.
- Implement the parenting plan and child support arrangements. You may need to make changes down the road, too.
Legal help and divorce resources
Whether you’re filing jointly or alone, getting a divorce in New Hampshire doesn’t have to mean figuring everything out by yourself. Let us help! Schedule a free call to ask us questions and take your next step when you are ready.
