How to File for Divorce in New Hampshire (2026)
Reviewed by DocDraft Legal Team · New Hampshire · Last updated 2026-05-18
New Hampshire runs its divorce process on its own family-law code. Asset division here is equitable distribution (a fair, not automatically equal, split), and the no-fault ground is available on irreconcilable differences. The residency rule is its own: The court has jurisdiction when both parties were domiciled in New Hampshire when the action was commenced, when the plaintiff was domiciled in New Hampshire and the defendant is personally served in New Hampshire, or when the plaintiff has been domiciled in New Hampshire for 1 year next preceding the time when the action is commenced. This guide details what New Hampshire requires from filing through final decree, with N.H. Rev. Stat. Ann. §§ 458:7, 458:7-a as the governing grounds statute.
Key Considerations
Maintenance is its own analysis here. Court may order alimony (term, reimbursement, or restorative) if the obligor has the ability to pay and the recipient lacks sufficient income, property, or both, to provide for reasonable needs; statutory formula introduced 2019 caps term alimony at 50% of the difference between the parties' net incomes and at 50% of the length of marriage for marriages less than 20 years The controlling sections are N.H. Rev. Stat. Ann. § 458:19; § 458:19-aa.
How New Hampshire splits assets turns on its equitable-distribution rule. Equitable distribution: the court divides all marital property (including separate property in some circumstances) in an equitable manner, considering 14 enumerated factors at § 458:16-a (duration of marriage, age, health, social or economic status, occupation, vocational skills, employability, separate property, needs of children, fault, contribution as homemaker, and economic and noneconomic contributions to the family unit). Marital fault may be considered. The controlling authority is N.H. Rev. Stat. Ann. § 458:16-a.
The child-support number is not discretionary: Income-shares model under N.H. Rev. Stat. Ann. § 458-C; both parents' combined adjusted gross income is applied to the Schedule of Basic Child Support Obligations with parenting-time adjustments (when each parent has approximately equal parenting time, the formula switches to a shared-care variant), health insurance, and child-care N.H. Rev. Stat. Ann. § 458-C codifies it, with the official calculator via the state agency.
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Relevant Documents
New Hampshire filers use the following: Petition for Divorce or Civil Union Dissolution (NHJB-2056-FP for cases without minor children, NHJB-2087-FP with minor children); Family Division Petition for Divorce forms Forms are published via the state agency.
Child Support Worksheet
This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.
Final Decree of Divorce
This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.
Financial Disclosure Declaration
Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.
Marital Settlement Agreement
This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.
Parenting Plan
If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.
Qualified Domestic Relations Order (QDRO)
This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.
Response to Petition for Dissolution
If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.
Summons
This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Relevant Laws
New Hampshire Revised Statutes Annotated (RSA) 458:7 - Grounds for Divorce
This statute outlines the legal grounds for divorce in New Hampshire, which is a 'no-fault' state. You can file for divorce based on 'irreconcilable differences' without proving fault, or alternatively cite specific grounds such as adultery, extreme cruelty, abandonment, or habitual drunkenness. Understanding the grounds for your divorce is important as it may affect property division and other aspects of your case.
New Hampshire RSA 458:16-a - Property Settlement
This law governs how marital property is divided in New Hampshire divorces. The state follows an 'equitable distribution' approach, meaning property is divided fairly but not necessarily equally. The court considers factors including the length of the marriage, age and health of each party, economic circumstances, and contributions to the marriage (including as a homemaker). Understanding this law is crucial as it determines how your assets and debts will be allocated.
New Hampshire RSA 458-C - Child Support Guidelines
This statute establishes how child support is calculated in New Hampshire using a formula based primarily on parental income and the number of children. The guidelines create a rebuttable presumption for support amounts, meaning the court generally follows the formula unless special circumstances justify deviation. If you have children, this law directly impacts your financial obligations post-divorce.
New Hampshire RSA 461-A - Parental Rights and Responsibilities
This law governs child custody matters in New Hampshire, which uses the terms 'parental rights and responsibilities' rather than custody. The statute presumes that joint decision-making responsibility is in a child's best interest unless there's evidence to the contrary. Courts determine parenting schedules based on numerous factors focused on the child's best interests. This law is essential for parents navigating custody arrangements during divorce.
New Hampshire RSA 458:19 - Alimony
This statute covers alimony (spousal support) in New Hampshire divorces. Courts may award alimony if one spouse needs financial support and the other can pay it. Factors considered include the length of marriage, age, health, economic circumstances, and each spouse's ability to become self-supporting. Recent reforms have made alimony more formulaic and predictable. This law is relevant if either spouse may seek financial support from the other after divorce.
New Hampshire RSA 458:15 - Temporary Orders
This law allows courts to issue temporary orders during the divorce process regarding matters like child support, alimony, property use, and temporary parenting schedules. These orders remain in effect until the final divorce decree. Understanding this provision is important as it establishes the rules that govern your situation while the divorce is pending, which can take months or longer.
Regional Variances
Northern New Hampshire
Coos County, as the northernmost and most rural county in New Hampshire, often experiences longer processing times for divorce cases due to limited court resources and staffing. Residents may need to travel significant distances to reach the county courthouse in Lancaster. The court may be more flexible with scheduling to accommodate these travel challenges.
Grafton County courts may have different approaches to property division in cases involving rural properties and land. The county's large geographic area means that court scheduling can be affected by seasonal weather conditions, particularly in winter months when travel can be difficult.
Southern New Hampshire
As the most populous county in New Hampshire, Hillsborough County courts (Manchester and Nashua) typically have higher caseloads and potentially longer waiting periods for divorce hearings. However, they also offer more resources including family court services and mediation programs. The courts here may have more experience with complex financial cases and high-asset divorces.
Rockingham County, with its proximity to Massachusetts, often handles cases involving interstate issues such as property in multiple states or child custody across state lines. The courts here may be more experienced with commuter marriages where one spouse works in Massachusetts. The county also tends to have higher property values, which can affect property division determinations.
Central New Hampshire
As home to the state capital of Concord, Merrimack County courts often have more standardized procedures. The Family Division in Concord may have more resources available for family services and evaluations. Being centrally located, this county's courts sometimes serve as the venue for complex cases from other jurisdictions.
Belknap County courts often deal with seasonal property considerations due to the county's many lakefront properties, particularly around Lake Winnipesaukee. Valuation of vacation properties can be a significant factor in divorce proceedings here, with seasonal fluctuations affecting property values and division.
Suggested Compliance Checklist
Check that the residency rule is met
Before filing days after startingThe court has jurisdiction when both parties were domiciled in New Hampshire when the action was commenced, when the plaintiff was domiciled in New Hampshire and the defendant is personally served in New Hampshire, or when the plaintiff has been domiciled in New Hampshire for 1 year next preceding the time when the action is commenced. See N.H. Rev. Stat. Ann. § 458:5.
State the grounds
Before filing days after startingNo-fault available on irreconcilable differences that have caused the irremediable breakdown of the marriage (§ 458:7-a). Fault grounds under § 458:7 include impotency; adultery; extreme cruelty; conviction of a crime punishable by imprisonment for over 1 year and actual sentence to State Prison; treatment as to endanger health or reason; absence from cohabitation without being heard from for 2 years; habitual drunkenness for 2 years; joining of religious sect denying the validity of marriage and refusing to cohabit for 6 months; and abandonment without sufficient cause and refusal to support for 2 years (N.H. Rev. Stat. Ann. §§ 458:7, 458:7-a).
File the divorce petition
At filing days after startingPetition for Divorce or Civil Union Dissolution (NHJB-2056-FP for cases without minor children, NHJB-2087-FP with minor children); Family Division Petition for Divorce forms Pay the filing fee, which is $250 filing fee for a divorce petition without minor children; $252 to $282 with minor children. A fee waiver is available: Motion to Waive or Reduce Court Fees with supporting Financial Statement waives or reduces fees based on inability to pay.
Serve the spouse and complete financial disclosure
After filing days after startingThe responding spouse must be formally served, and both sides typically exchange a financial affidavit before the case proceeds.
Account for the waiting period
After filing days after startingNo statutory cooling-off period from filing to decree; default-judgment dissolution may follow once respondent's answer period has run (N.H. Rev. Stat. Ann. Chapter 458 (no waiting-period statute)).
Finalize the decree
Final step days after startingOnce the waiting period runs and any parenting and support terms are resolved, the court enters the final judgment ending the marriage.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Check that the residency rule is met | The court has jurisdiction when both parties were domiciled in New Hampshire when the action was commenced, when the plaintiff was domiciled in New Hampshire and the defendant is personally served in New Hampshire, or when the plaintiff has been domiciled in New Hampshire for 1 year next preceding the time when the action is commenced. See N.H. Rev. Stat. Ann. § 458:5. | - | Before filing |
| State the grounds | No-fault available on irreconcilable differences that have caused the irremediable breakdown of the marriage (§ 458:7-a). Fault grounds under § 458:7 include impotency; adultery; extreme cruelty; conviction of a crime punishable by imprisonment for over 1 year and actual sentence to State Prison; treatment as to endanger health or reason; absence from cohabitation without being heard from for 2 years; habitual drunkenness for 2 years; joining of religious sect denying the validity of marriage and refusing to cohabit for 6 months; and abandonment without sufficient cause and refusal to support for 2 years (N.H. Rev. Stat. Ann. §§ 458:7, 458:7-a). | - | Before filing |
| File the divorce petition | Petition for Divorce or Civil Union Dissolution (NHJB-2056-FP for cases without minor children, NHJB-2087-FP with minor children); Family Division Petition for Divorce forms Pay the filing fee, which is $250 filing fee for a divorce petition without minor children; $252 to $282 with minor children. A fee waiver is available: Motion to Waive or Reduce Court Fees with supporting Financial Statement waives or reduces fees based on inability to pay. | divorce-petition | At filing |
| Serve the spouse and complete financial disclosure | The responding spouse must be formally served, and both sides typically exchange a financial affidavit before the case proceeds. | - | After filing |
| Account for the waiting period | No statutory cooling-off period from filing to decree; default-judgment dissolution may follow once respondent's answer period has run (N.H. Rev. Stat. Ann. Chapter 458 (no waiting-period statute)). | - | After filing |
| Finalize the decree | Once the waiting period runs and any parenting and support terms are resolved, the court enters the final judgment ending the marriage. | - | Final step |
Frequently Asked Questions
The court has jurisdiction when both parties were domiciled in New Hampshire when the action was commenced, when the plaintiff was domiciled in New Hampshire and the defendant is personally served in New Hampshire, or when the plaintiff has been domiciled in New Hampshire for 1 year next preceding the time when the action is commenced. This is set by N.H. Rev. Stat. Ann. § 458:5.
No-fault available on irreconcilable differences that have caused the irremediable breakdown of the marriage (§ 458:7-a). Fault grounds under § 458:7 include impotency; adultery; extreme cruelty; conviction of a crime punishable by imprisonment for over 1 year and actual sentence to State Prison; treatment as to endanger health or reason; absence from cohabitation without being heard from for 2 years; habitual drunkenness for 2 years; joining of religious sect denying the validity of marriage and refusing to cohabit for 6 months; and abandonment without sufficient cause and refusal to support for 2 years. The governing statute is N.H. Rev. Stat. Ann. §§ 458:7, 458:7-a.
New Hampshire uses equitable distribution (a fair, not automatically equal, split). Equitable distribution: the court divides all marital property (including separate property in some circumstances) in an equitable manner, considering 14 enumerated factors at § 458:16-a (duration of marriage, age, health, social or economic status, occupation, vocational skills, employability, separate property, needs of children, fault, contribution as homemaker, and economic and noneconomic contributions to the family unit). Marital fault may be considered. See N.H. Rev. Stat. Ann. § 458:16-a.
$250 filing fee for a divorce petition without minor children; $252 to $282 with minor children Motion to Waive or Reduce Court Fees with supporting Financial Statement waives or reduces fees based on inability to pay
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