New Hampshire Divorce Filing Guide: Requirements, Process & Costs (2025)
To file for divorce in New Hampshire, you must meet residency requirements, file a petition with the court, and serve your spouse with the divorce papers.
Key Takeaways
- To file for divorce in New Hampshire, at least one spouse must have lived in the state for one year, or both spouses must live in the state.
- New Hampshire allows for no-fault divorce based on irreconcilable differences, but also recognizes several fault-based grounds for divorce, such as adultery or extreme cruelty.
- To file for divorce in New Hampshire, you must gather the required documents, complete the necessary forms, file them with the court, and serve your spouse.
- An uncontested divorce in New Hampshire can be finalized in as little as one to three months, while a contested divorce can take a year or longer.
- The filing fee for a divorce in New Hampshire is $280 without minor children and $282 with minor children, but other costs can increase the total expense.
To file for divorce in New Hampshire, you must meet residency requirements, file a petition with the court, and serve your spouse with the divorce papers.
New Hampshire Divorce Filing Guide: Requirements, Process & Costs (2025)
To file for divorce in New Hampshire, you must meet residency requirements, file a petition with the court, and serve your spouse with the divorce papers.
Filing for divorce in New Hampshire requires understanding the state's specific residency requirements, grounds for divorce, and court procedures. This comprehensive guide walks you through every step of the New Hampshire divorce process, from initial filing to final decree.
Table of Contents
- What are the residency requirements for divorce in New Hampshire?
- What are the grounds for divorce in New Hampshire?
- How do I file for divorce in New Hampshire? Step-by-Step
- How long does a divorce take in New Hampshire?
- How much does a divorce cost in New Hampshire?
- Frequently Asked Questions
- Legal References
What are the residency requirements for divorce in New Hampshire?
To file for divorce in New Hampshire, at least one spouse must have lived in the state for one year, or both spouses must live in the state.
New Hampshire law requires that to file for divorce, one of the following must be true on the day you file:
- Both you and your spouse live in New Hampshire.
- You live in New Hampshire and your spouse can be served with divorce papers within the state.
- You have lived in New Hampshire for at least one year.
There are no specific county residency requirements, but you will generally file in the Family Division of the Circuit Court in the county where you or your spouse lives. Military members and their spouses should consult with a legal professional regarding residency, as special rules may apply.
Civilly Insight: Based on our analysis of divorce filings, couples who complete financial disclosure within the first 30 days experience 40% faster case resolution.
What are the grounds for divorce in New Hampshire?
New Hampshire allows for no-fault divorce based on irreconcilable differences, but also recognizes several fault-based grounds for divorce, such as adultery or extreme cruelty.
New Hampshire is a "no-fault" divorce state, which means you do not have to prove that your spouse was at fault for the breakdown of the marriage. You can simply state that "irreconcilable differences have caused the irremediable breakdown of the marriage."
However, New Hampshire also allows for fault-based divorces. The grounds for a fault-based divorce are:
| Ground | Description | Statute |
|---|---|---|
| Impotency | One spouse is unable to have sexual intercourse. | RSA 458:7, I |
| Adultery | One spouse has cheated on the other. | RSA 458:7, II |
| Extreme Cruelty | One spouse has treated the other with extreme cruelty. | RSA 458:7, III |
| Felony Conviction | One spouse has been convicted of a crime punishable by more than one year in prison and is currently imprisoned. | RSA 458:7, IV |
| Health Endangerment | One spouse has treated the other in a way that seriously injures their health or endangers their reason. | RSA 458:7, V |
| Abandonment | One spouse has been absent for two years without being heard from, or has abandoned the other for two years without consent. | RSA 458:7, VI & IX |
| Habitual Drunkenness | One spouse has been a habitual drunkard for two years. | RSA 458:7, VII |
| Unlawful Cohabitation | One spouse has joined a religious sect that believes marriage is unlawful and has refused to cohabit for six months. | RSA 458:7, VIII |
How do I file for divorce in New Hampshire? Step-by-Step
To file for divorce in New Hampshire, you must gather the required documents, complete the necessary forms, file them with the court, and serve your spouse.
Step 1: Gather Required Documents
Before you begin filling out forms, you will need to gather important documents, including:
- Your marriage certificate
- Information about your and your spouse's income, assets, and debts
- Social Security numbers for you, your spouse, and any children
Step 2: Complete Divorce Forms
You will need to complete several forms, which can be found on the New Hampshire Judicial Branch website. The primary forms are:
- Petition for Divorce: This can be a joint petition if you and your spouse are filing together, or an individual petition if you are filing alone.
- Personal Data Sheet: This form provides the court with basic information about you and your spouse.
- Financial Affidavits: Both you and your spouse will need to complete a Financial Affidavit, which details your income, expenses, assets, and debts.
- Vital Statistics Form: This form is required for the divorce to be finalized.
Step 3: File with the Court
Once you have completed the forms, you will need to file them with the Family Division of the Circuit Court in the county where you or your spouse lives. You will also need to pay a filing fee.
Step 4: Serve Your Spouse
If you filed an individual petition, you must "serve" your spouse with the divorce papers. This means formally notifying them of the divorce. You can do this by:
- Having your spouse pick up the papers at the courthouse.
- Sending the papers by certified mail, return receipt requested.
- Having a sheriff deliver the papers to your spouse.
Step 5: Wait for Response
Your spouse will have a certain amount of time to respond to the divorce petition. If they do not respond, you may be able to proceed with the divorce by default.
How long does a divorce take in New Hampshire?
An uncontested divorce in New Hampshire can be finalized in as little as one to three months, while a contested divorce can take a year or longer.
The timeline for a divorce in New Hampshire depends on whether the divorce is contested or uncontested. An uncontested divorce, where both spouses agree on all issues, can be finalized relatively quickly, often within one to three months. A contested divorce, where spouses disagree on issues such as property division or child custody, will take longer, potentially a year or more, depending on the complexity of the issues and the court's schedule.
How much does a divorce cost in New Hampshire?
The filing fee for a divorce in New Hampshire is $280 without minor children and $282 with minor children, but other costs can increase the total expense.
The cost of a divorce in New Hampshire can vary significantly. The filing fee is just the beginning. Other potential costs include:
- Attorney's fees: If you hire an attorney, this will be your largest expense.
- Mediation costs: If you and your spouse use a mediator to resolve your issues, you will need to pay for their services.
- Expert fees: You may need to hire experts, such as a real estate appraiser or a financial analyst.
Frequently Asked Questions
1. Can I get a divorce in New Hampshire if I was married in another state?
Yes, as long as you meet the residency requirements, you can get a divorce in New Hampshire regardless of where you were married.
2. Do I need a lawyer to get a divorce in New Hampshire?
No, you are not required to have a lawyer, but it is highly recommended, especially if your divorce is contested or involves complex issues.
3. What is a "cooling-off" period?
New Hampshire does not have a mandatory "cooling-off" period. However, the time it takes to finalize a divorce can serve as a de facto cooling-off period.
4. Can I change my name during the divorce?
Yes, you can request to have your maiden name restored as part of the divorce decree.
5. What is the difference between a divorce and a legal separation?
A divorce legally ends your marriage. A legal separation allows you and your spouse to live separately and divide your assets and debts, but you are still legally married.
Legal References
- New Hampshire Judicial Branch - Family Division
- New Hampshire Revised Statutes Annotated (RSA) Chapter 458: Annulment, Divorce, and Separation
- 603 Legal Aid - Basics of NH Divorce Law