Filing for divorce in New Hampshire happens in steps, and knowing the order ahead of time takes a lot of the stress out of it. Here is how the process generally works, from deciding where to file to the final decree.
Step 1: Make sure New Hampshire is the right place to file
Under RSA 458:5, a New Hampshire court can generally hear your divorce if both spouses live in New Hampshire, or if the spouse filing has lived here for at least one year before filing. If you or your spouse recently moved, check this first. Filing in the wrong place can mean starting over.
Divorces are filed in the Circuit Court, Family Division, usually in the county where you or your spouse lives. Most filings are now made electronically through the New Hampshire Judicial Branch's e-filing system.
Step 2: Decide between a joint petition and an individual petition
New Hampshire gives you two ways to start:
- Joint petition. You and your spouse file together. This usually means you are already on the same page about divorcing, and it skips the formal step of serving papers on the other spouse.
- Individual petition. One spouse files, and the other spouse must be formally notified (served) and given a chance to respond.
Which one fits depends on how much you and your spouse agree on and how well you communicate. A joint petition is not the same thing as an uncontested divorce. You can file jointly and still need to work out custody, support or property.
Step 3: Choose your grounds
Most New Hampshire divorces are filed on the no-fault ground of irreconcilable differences under RSA 458:7-a, meaning the marriage has broken down and cannot be repaired. You do not have to prove anyone did anything wrong.
New Hampshire also recognizes fault grounds, such as adultery or extreme cruelty, under RSA 458:7. Fault grounds take more proof and usually add cost and conflict, so they only make sense in specific situations. That is a conversation to have with an attorney before you file.
Not sure which petition or grounds fit your situation? A 30-minute consultation can help you understand your options before you file.
Chat With Us 24/7Step 4: Gather your financial information
Every New Hampshire divorce requires both spouses to share detailed financial information, including a sworn financial affidavit and mandatory financial disclosures. Start gathering these early:
- Recent tax returns and pay stubs
- Bank, investment and retirement account statements
- Mortgage, loan and credit card statements
- Information about vehicles, real estate and any business interests
- Health insurance and monthly household expenses
Accurate, complete financial information is the foundation for dividing property and setting child support and alimony. Incomplete disclosures are one of the most common reasons cases slow down.
Step 5: If you have children, plan for parenting issues
When minor children are involved, New Hampshire courts require a parenting plan that covers decision-making, the parenting schedule, holidays and how parents will communicate. Parents are also required to complete a four-hour parenting education course, the Child Impact Seminar. The court asks parents to register as soon as possible, and you will need the completion certificate to move the case forward.
Child support is calculated under the state guidelines in RSA 458-C. We explain how that works in our guide to how child support is calculated in New Hampshire.
Step 6: Reach agreements or go to hearings
From here, cases take one of two paths:
- Uncontested. If you and your spouse agree on everything, you submit a permanent stipulation (your written agreement) and parenting plan for the court to approve. This is usually the fastest and least expensive path.
- Contested. If you disagree on important issues, the case moves through temporary hearings, mediation and, if needed, a final hearing where a judge decides. Many contested cases still settle along the way.
Step 7: The final decree
The divorce is complete when the court approves your agreement or issues its decision and signs the final decree. Once that happens, the orders on property, support and parenting are enforceable, and they can only be changed in limited circumstances. That is why it pays to get them right the first time.
How long does a New Hampshire divorce take?
It varies widely. A divorce where both spouses agree on everything can move in a matter of months. A contested divorce with disputes over children or significant assets can take a year or more. The biggest factors are how much you agree on, how quickly financial information is exchanged and the court's schedule.
Do you need a lawyer to file for divorce in New Hampshire?
You are not required to have one. But divorce decisions about your children, your home and your retirement are hard to undo. Even in an uncontested case, having an attorney review your agreement before you sign can catch problems you would not see until years later.
Talk to an attorney about your situation
Granfield Legal Services offers $50 consultations, 30 minutes by phone or video. You speak directly with attorney William Granfield.
This article is for general informational purposes only and does not constitute legal advice. Laws change, and how they apply depends on the specific facts of your case. Reading this article or contacting Granfield Legal Services does not create an attorney-client relationship. Attorney advertising.