Question 1

What are the residency requirements for filing for divorce in New Hampshire?

Accepted Answer

At least one spouse must have been a New Hampshire resident for at least 1 year before filing, or both must have been domiciled in the state when the cause of divorce arose. You must meet this requirement before the court will accept your petition for divorce.

Question 2

Does New Hampshire allow no-fault divorce?

Accepted Answer

Yes. New Hampshire allows no-fault divorce based on irreconcilable differences that have caused the irremediable breakdown of the marriage.

Question 3

How is property divided in a New Hampshire divorce?

Accepted Answer

New Hampshire follows equitable distribution principles for dividing marital property. This means the court divides property fairly, considering factors like each spouse's contributions, economic circumstances, and the length of the marriage.

Question 4

Is there a waiting period for divorce in New Hampshire?

Accepted Answer

New Hampshire does not have a formal waiting period, but the process typically takes several months.

Question 5

How is child custody determined in New Hampshire?

Accepted Answer

New Hampshire courts determine custody based on the best interests of the child, considering factors such as each parent's relationship with the child, the child's adjustment to home and school, the mental and physical health of all parties, and any history of domestic violence.

Question 6

How is child support calculated in New Hampshire?

Accepted Answer

New Hampshire uses state-specific child support guidelines that consider both parents' incomes, the number of children, custody arrangement, healthcare costs, and childcare expenses. You can find the state's child support calculator through the New Hampshire court system website.

Question 7

Does New Hampshire award alimony/spousal support?

Accepted Answer

Yes, New Hampshire courts may award spousal support based on factors including the length of the marriage, each spouse's income and earning capacity, the standard of living during the marriage, and each spouse's contributions. The type and duration of support vary based on the circumstances.

Question 8

Can I get a legal separation in New Hampshire?

Accepted Answer

Most states, including New Hampshire, offer some form of legal separation as an alternative to divorce. Legal separation allows spouses to live apart and divide assets without formally dissolving the marriage. Consult a local attorney to understand the specific options available in New Hampshire.

Question 9

How long does a divorce take in New Hampshire?

Accepted Answer

The timeline varies based on whether the divorce is contested or uncontested. An uncontested divorce in New Hampshire may take as little as a few weeks to a few months after meeting any waiting period requirements. Contested divorces can take 6 months to over a year.

Question 10

How do I find a divorce attorney in New Hampshire?

Accepted Answer

You can use our directory to browse divorce attorneys in New Hampshire by city or county. Each listing includes attorney details, practice areas, and a confidential contact form to request a consultation.

New Hampshire Divorce: Frequently Asked Questions

Find a Divorce Attorney in New Hampshire