New Hampshire recognizes both fault and no-fault grounds for divorce under RSA 458:7. Fault grounds include adultery, cruelty, abandonment for one year or more, and habitual intemperance. No-fault divorce is available when both spouses agree or when there is irreconcilable breakdown of the marriage. The no-fault approach does not require proving misconduct and is typically simpler to navigate.
To initiate divorce proceedings, one spouse must file a complaint in the Superior Court in the county where either spouse resides. The filing spouse serves the complaint on the other spouse either personally or by certified mail. If both spouses agree to the divorce and have settled property and custody matters, you may file a Joint Petition for Divorce, which streamlines the process significantly. Court filing fees range from $225 to $250 depending on whether minor children are involved.
New Hampshire offers flexible jurisdictional requirements. If both spouses are domiciled in New Hampshire at the time of filing, there is no waiting period and residency is not an issue. If one spouse cannot be served in-state, then the filing spouse must have been domiciled in New Hampshire for at least one year immediately before filing. New Hampshire courts will not enforce a residency requirement if proper personal service can be accomplished within the state.
New Hampshire follows the equitable distribution model, meaning marital property is divided fairly but not necessarily equally. The court considers all property acquired during the marriage as marital property subject to division, including real estate, financial accounts, retirement benefits, and personal property. Each spouse's separate property brought into the marriage or inherited individually remains separate property and is not divided.
RSA 458:16 requires courts to consider multiple factors when dividing marital property: the length of the marriage, each spouse's age and health, their income-earning capacity and employability, their roles during the marriage (such as child-rearing or homemaking), and contributions to the acquisition of marital property. The court also considers the standard of living established during the marriage, the liquidity and divisibility of the property, and any agreements the spouses have made regarding property division. Courts attempt to award property in a way that allows each spouse to maintain a reasonable standard of living comparable to the marital lifestyle when possible.
New Hampshire law emphasizes the best interests of the child as the primary consideration in custody determinations. RSA 461-A:14 requires courts to consider the preference of the child if the child is sufficiently mature to express a meaningful choice, the relationship each parent has with the child, the ability of each parent to provide adequate care, and the character and fitness of each parent. The court may also consider which parent has been the primary caretaker and the ability of each parent to encourage a relationship between the child and the other parent.
New Hampshire recognizes both legal custody (the right to make major decisions about education, health, and religious upbringing) and physical custody (where the child lives day-to-day). Custody may be awarded to one parent solely, or parents may share joint custody in various arrangements. Many families benefit from joint legal custody with one parent having primary physical custody, while others establish equal parenting time arrangements. Courts increasingly favor arrangements that maintain significant relationships between children and both parents when both parents are capable and involved.
While you have the right to represent yourself, hiring a family law attorney is highly recommended, particularly if children are involved or if the divorce is contested. An attorney can ensure all paperwork is properly filed, help negotiate favorable property and custody arrangements, and protect your interests throughout the process. Many attorneys offer reasonable fees for uncontested divorces.
An uncontested divorce with agreement on all major issues can be finalized relatively quickly, sometimes within a few months. A contested divorce where disputes must be resolved by the court can take a year or longer. The timeline depends on court schedules, the complexity of the issues, and how cooperative the parties are in exchanging information.
Yes, custody and child support orders can be modified if there has been a significant change in circumstances since the divorce was finalized. Examples include a parent losing employment, changes in income, relocation, or changes affecting the child's needs. Either parent may petition the court for modification by demonstrating that changed circumstances warrant adjustment of the existing order.
Retirement accounts accumulated during the marriage are typically considered marital property subject to division. The division method depends on the type of account. For qualified retirement plans, a Qualified Domestic Relations Order (QDRO) is usually required to allow one spouse to receive a portion directly from the plan without early withdrawal penalties. The value of retirement accounts is determined as of the date the division takes effect, and this is coordinated carefully with the court order.