Divorce in New Hampshire: A Basic Guide to Get Started

Discussing divorce can be challenging, but knowing the basics can help ease the process. This page focuses on divorce in New Hampshire, offering clear and helpful information.

We’re here to guide you through the essentials. And remember, there’s more detailed info and helpful links available on this page too.

Divorce Laws in New Hampshire

In New Hampshire, you can file for a no-fault divorce, meaning no one is blamed for the marriage ending. Fault-based divorces are also possible for reasons like adultery or abuse.

To file in New Hampshire, one spouse must have lived in the state for at least one year.

Process of Filing for Divorce

To start a divorce in New Hampshire, decide if it’s no-fault or fault-based. You file in the county where you or your spouse lives. New Hampshire has specific forms for this. After filling them out, these forms must be legally given or “served” to your spouse. Serving papers in New Hampshire follows certain procedures, so it’s important to understand these.

Get a deep dive into how this process works, step-by-step in: How to File for Divorce in New Hampshire

Child Custody and Support

In New Hampshire, the child’s best interests are paramount in custody decisions. Custody can be joint or sole, based on what’s best for the child. Child support is calculated using both parents’ incomes and other factors. New Hampshire’s approach to custody and support might differ from other states, especially in how support is calculated.

Alimony/Spousal Support

Alimony in New Hampshire is based on several factors. The court looks at the length of the marriage, each person’s income, and the need for financial support. Alimony varies from case to case because each situation is unique.

Property Division

In New Hampshire, property is divided fairly through “equitable distribution.” The court considers various aspects of the marriage and financial situation. It’s about what’s fair, not always a 50-50 split.

NH Divorce Resources

Want to dive deeper into divorce in New Hampshire? Check out the links we’ve provided. They’ll take you to official court sites, government resources, and places where you can get legal help.

Article: How Much Does a Divorce Cost in New Hampshire

Article: How Long Does a Divorce Take in New Hampshire

New Hampshire Divorce Forms:

Uncontested Divorce:

• Joint Petition for Divorce: https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/nhjb-2057-f.pdf
• Affidavit of Irretrievable Breakdown: https://www.courts.nh.gov/our-courts/circuit-court/family-division/forms/divorceparenting
• Financial Statement: https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/nhjb-2201-dfp.pdf
• Record of Absolute Divorce: https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/nhjb-2205-f.pdf

Contested Divorce:

• Complaint for Divorce: https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/nhjb-2058-f.pdf
• Answer to Complaint for Divorce: https://www.courts.nh.gov/contact-us
• Motions: https://www.courts.nh.gov/resources/forms-and-fees

Divorce with Minor Children:

• Affidavit of Care and Custody: https://www.dhhs.nh.gov/forms-documents-0
• Parenting Plan: https://www.courts.nh.gov/our-courts/circuit-court/family-division/divorceparenting/how-file-parenting-petition
• Child Support Guidelines: https://www.dhhs.nh.gov/programs-services/childcare-parenting-childbirth/child-support-services

Additional Resources:

• NH Family Law Guide: https://law.unh.libguides.com/
• NH Judicial Branch Family Division: https://www.courts.nh.gov/our-courts/circuit-court/family-division/forms
• NH Legal Aid: https://www.nhla.org/

Disclaimer

Keep in mind, this information is for guidance and not legal advice. For specific advice, it’s best to talk to a lawyer.