Divorce in New Hampshire: Laws, Process, and What You Need to Know (2026)

Q: How long does a divorce take in New Hampshire?

An uncontested divorce in New Hampshire typically takes two to three months from filing to finalization. There is no statutory waiting period, but the court must schedule a hearing. Contested divorces can take six months to over a year, depending on the complexity of issues such as property division, custody, and support. Cases involving complex financial assets or contentious custody disputes may take even longer.

Q: Does New Hampshire's lack of state income tax affect divorce?

New Hampshire is one of the few states with no state income tax on wages and salaries interest and dividends tax was fully repealed in 2025. This can simplify certain aspects of financial planning during divorce, particularly when calculating after-tax income for alimony and child support purposes. However, it does not affect how property is divided or how support amounts are determined by the court.

Introduction

New Hampshire allows both fault and no-fault grounds for divorce and uses equitable distribution. The state is notable for having no state income tax, which can simplify some aspects of financial planning during divorce.

New Hampshire is an equitable distribution state for property division purposes. For an overview of how this system works, see our guide to property division. Understanding how New Hampshire handles divorce can help you prepare for what lies ahead and make informed decisions about your future.

Residency Requirements

To file for divorce in New Hampshire, you must meet the state's residency requirements: 12 months residency; or if both parties domiciled in the state. This means at least one spouse must have lived in New Hampshire for the required period before the court will accept a divorce filing. You will typically file in the county where either spouse resides.

Grounds for Divorce

New Hampshire allows both no-fault and fault grounds for divorce. No-fault: irreconcilable differences. Fault grounds include adultery, extreme cruelty, felony conviction, substance abuse, absence for 2 years, and non-support. While most divorces proceed on no-fault grounds, filing on fault grounds can sometimes affect alimony or property division outcomes.

Property Division

New Hampshire follows the equitable distribution approach to dividing property in a divorce. Under this system, the court divides marital property fairly, though not necessarily equally. The judge considers factors like each spouse's economic circumstances, contributions to the marriage (including homemaking), the duration of the marriage, and any dissipation of assets.

Property that either spouse owned before the marriage, as well as gifts and inheritances received individually, is generally considered separate property and is not subject to division. However, if separate property has been commingled with marital assets, it may lose its separate character.

Alimony and Spousal Support

The court considers several factors when determining alimony in New Hampshire:

Length of marriage
Age and health
Occupation and income
Vocational skills
Estate and liabilities
Child custody obligations
Opportunity for future income
Fault

New Hampshire courts may award temporary or permanent alimony, with the duration and amount left to the court's discretion based on the statutory factors.

For a comprehensive overview of alimony types and negotiation strategies, see our alimony and spousal support guide. The duration and amount of alimony depend heavily on the length of the marriage and the financial circumstances of both parties. Short-term marriages are less likely to result in long-term alimony awards.

Child Support

New Hampshire uses the Income Shares model for calculating child support, based on combined net income with adjustments for childcare and health insurance.

See our child support guide for a detailed explanation of calculation models and modification rules. Either parent can request a modification of child support if there is a substantial change in circumstances, such as a significant change in income, job loss, or a change in the child's needs.

Child Custody

New Hampshire courts determine custody based on the best interests of the child standard. The court evaluates a range of factors including each parent's relationship with the child, the child's adjustment to home and community, the mental and physical health of all parties, and the willingness of each parent to foster a relationship between the child and the other parent.

Most states, including New Hampshire, recognize both legal custody (decision-making authority regarding education, healthcare, and welfare) and physical custody (where the child lives). Both types can be awarded jointly or solely to one parent.

Mediation

Mediation is not required in New Hampshire, though it is often encouraged.

Filing Fees and Costs

Filing fees for divorce in New Hampshire typically range from $250-$350, though exact amounts vary by county. Additional costs may include:

Attorney fees (if you hire a lawyer)
Mediation or alternative dispute resolution fees
Process server or publication fees
Costs for financial experts or appraisers (in complex asset cases)
Court-mandated parenting class fees (if children are involved)

Uncontested divorces are generally significantly less expensive than contested cases.

Key Considerations

Standard process: New Hampshire follows a conventional divorce process with no unusual procedural requirements.

If you and your spouse can agree on the major issues, including property division, support, and custody, an uncontested divorce will save you significant time and money. Even in contested cases, exploring mediation or collaborative divorce may lead to a better outcome than a courtroom battle.

Frequently Asked Questions About New Hampshire Divorce

Is New Hampshire a community property state?

No, New Hampshire is not a community property state. New Hampshire follows the equitable distribution model, meaning the court divides marital property fairly based on the specific circumstances of each case, rather than automatically splitting assets 50/50. The judge considers factors such as each spouse's economic circumstances, contributions to the marriage, the duration of the marriage, and future earning potential.

How is property divided in a New Hampshire divorce?

New Hampshire courts divide marital property using equitable distribution principles. The court considers each spouse's financial situation, contributions to the marriage (including homemaking), the length of the marriage, and other relevant factors. Property owned before the marriage, as well as gifts and inheritances received individually, is generally considered separate property. However, if separate property has been commingled with marital assets, it may be subject to division.

How long does a divorce take in New Hampshire?

An uncontested divorce in New Hampshire typically takes two to three months from filing to finalization. There is no statutory waiting period, but the court must schedule a hearing. Contested divorces can take six months to over a year, depending on the complexity of issues such as property division, custody, and support. Cases involving complex financial assets or contentious custody disputes may take even longer.

Can I get alimony in New Hampshire?

Yes, alimony is available in New Hampshire. Courts consider the length of the marriage, age and health of each spouse, occupation and income, vocational skills, each spouse's estate and liabilities, child custody obligations, opportunity for future income, and fault in determining alimony. New Hampshire courts may award temporary or permanent alimony, with the specific duration and amount left to the court's discretion based on these statutory factors.

What are the grounds for divorce in New Hampshire?

New Hampshire allows both no-fault and fault grounds for divorce. The no-fault ground is irreconcilable differences that have caused the irremediable breakdown of the marriage. Fault grounds include adultery, extreme cruelty, felony conviction, substance abuse for two years, absence for two years, and non-support. While most divorces proceed on no-fault grounds, filing on fault grounds can sometimes influence alimony or property division.

What are the residency requirements for divorce in New Hampshire?

To file for divorce in New Hampshire, at least one spouse must have been a resident of the state for at least 12 months before filing. An exception exists if both parties are domiciled in New Hampshire at the time of filing, in which case the one-year requirement may be waived. The divorce petition is filed in the county where either spouse resides.

How much does a divorce cost in New Hampshire?

Filing fees for divorce in New Hampshire typically range from $250 to $350, depending on the county. An uncontested divorce without attorneys can cost under $1,000. Attorney-assisted divorces generally range from $5,000 to $15,000 for straightforward cases. Contested divorces can cost $15,000 to $50,000 or more, especially when complex assets, custody evaluations, or extended litigation are involved.

Does New Hampshire's lack of state income tax affect divorce?

New Hampshire is one of the few states with no state income tax on wages and salaries (interest and dividends tax was fully repealed in 2025). This can simplify certain aspects of financial planning during divorce, particularly when calculating after-tax income for alimony and child support purposes. However, it does not affect how property is divided or how support amounts are determined by the court.

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