Getting Divorced in New Hampshire: A Legal Guide

Before filing for divorce in New Hampshire, ensure you meet the residency requirements. At least one spouse must have been a resident of New Hampshire for at least one year before filing. If the grounds for divorce occurred in New Hampshire, only one spouse needs to be a resident at the time of filing. Understand that New Hampshire allows both fault-based and no-fault divorces. A no-fault divorce is based on irreconcilable differences that have caused the breakdown of the marriage.

Collect all necessary financial and personal documents including: marriage certificate, tax returns for the past 3-5 years, pay stubs, bank statements, retirement account statements, mortgage documents, car titles, insurance policies, list of assets and debts, and children's birth certificates if applicable. These documents will be essential for completing the required financial disclosures and determining property division.

In New Hampshire, the divorce process begins with filing a Petition for Dissolution of Marriage (also called a Divorce Petition or Libel for Divorce). This document states the grounds for divorce, identifies both parties, lists any children of the marriage, and outlines what you are requesting regarding property division, support, and child custody. You can obtain this form from the New Hampshire Circuit Court Family Division website or at your local courthouse.

File the completed Petition for Dissolution of Marriage with the Circuit Court Family Division in the county where either you or your spouse resides. The filing fee is approximately $250, though fee waivers may be available if you demonstrate financial hardship. You'll receive a case number and a Summons that must be served on your spouse.

Your spouse must be formally notified of the divorce filing through a process called 'service of process.' The Summons and a copy of the Petition must be delivered to your spouse. This can be done by a sheriff, a private process server, or by certified mail with return receipt requested. Your spouse cannot be served by you personally. Proof of service must be filed with the court.

If you were served with divorce papers, you have 30 days to file a Response to Petition for Dissolution (also called an Answer). This document allows you to agree or disagree with statements in the Petition and make your own requests. If you filed the Petition, wait for your spouse's Response. If your spouse fails to respond within the timeframe, you may be able to proceed with a default judgment.

Both spouses must complete and exchange a Financial Affidavit (New Hampshire's version of a Financial Disclosure Declaration). This sworn statement details your income, expenses, assets, and debts. Be thorough and honest—intentionally hiding assets can result in penalties. This document is crucial for fair property division and determining support obligations.

New Hampshire courts typically schedule an initial conference after both parties have filed their paperwork. This meeting helps identify contested issues and establish a timeline for the case. The court may also order mediation at this point if there are disputed matters.

If there are disputed issues regarding property, support, or children, the court will likely order mediation. New Hampshire courts require mediation in most divorce cases with children. This process involves working with a neutral third party to resolve disagreements outside of court. Even if not court-ordered, voluntary mediation can save time, money, and reduce conflict.

If you have minor children, you must develop a Parenting Plan that addresses legal decision-making authority, residential responsibility (physical custody), and a detailed visitation schedule. New Hampshire courts prioritize the best interests of the child and generally favor arrangements that allow both parents to maintain meaningful relationships with their children. The plan should include holiday schedules, transportation arrangements, and communication protocols.

New Hampshire uses specific guidelines to calculate child support based on both parents' incomes, the number of children, and the parenting schedule. The Child Support Worksheet helps determine the appropriate amount according to these guidelines. The calculation considers health insurance costs, childcare expenses, and other factors. This form must be submitted to the court even if you and your spouse agree on a support amount.

Work with your spouse (and attorneys if applicable) to create a comprehensive Marital Settlement Agreement that addresses division of assets and debts, alimony (if applicable), child support, and any other financial matters. This agreement should be detailed and specific about who gets what property, how debts will be handled, and the terms of any support payments. If you reach full agreement, this can significantly streamline the divorce process.

If retirement accounts need to be divided, a Qualified Domestic Relations Order (QDRO) is required. This specialized court order instructs retirement plan administrators how to divide the accounts. Each retirement plan may have specific requirements for QDROs, so it's often advisable to work with an attorney or QDRO specialist. The QDRO must be approved by both the court and the plan administrator to take effect.

If all issues are resolved, attend the final hearing where the judge will review your agreements and, if appropriate, grant the divorce. If issues remain contested, you'll need to attend a trial where the judge will make decisions on unresolved matters. Bring copies of all agreements and be prepared to answer questions about your understanding of the terms.

After the judge approves your divorce, you'll receive a Final Decree of Divorce that officially ends your marriage and outlines all orders regarding property division, support, and child custody. Review this document carefully to ensure it accurately reflects all agreements and court decisions. Keep this document in a safe place as you may need it for future legal or financial matters.

If child support or alimony is ordered, a Wage Withholding Order may be issued to ensure payments are made through automatic deductions from the paying spouse's wages. This order is sent to the employer, who then withholds the specified amount and forwards it to the New Hampshire Department of Health and Human Services for distribution to the receiving spouse.

After the divorce is finalized, update your personal records and accounts including: name change (if applicable) on your Social Security card, driver's license, passport, and other identification; beneficiary designations on life insurance policies, retirement accounts, and wills; bank accounts, credit cards, and other financial accounts; vehicle titles and registration; and property deeds. Consider creating a new estate plan that reflects your changed circumstances.

Understand and comply with all ongoing obligations established in your divorce decree, such as child support payments, alimony, parenting time schedules, and property transfer deadlines. Failure to comply can result in contempt of court charges, fines, or even jail time in extreme cases. If circumstances change significantly, you may need to file for modification of certain orders, but until modified, the original orders remain in effect.