New Hampshire divorce law governs how marriages end in the state, establishing grounds for divorce, residency requirements, property division principles, and procedures for dissolution of the marriage.
Residency Requirements Under New Hampshire Divorce Law
Before you can file a petition for divorce in New Hampshire, you must satisfy specific residency requirements establishing the court's jurisdiction.
Basic Residency Rules
New Hampshire courts can grant a divorce when both parties live in New Hampshire, when the divorce case starts, the petitioner has lived in New Hampshire for one year before filing, or the petitioner lives in New Hampshire, and the respondent is personally served with divorce papers within the state.
Additionally, if both parties file a joint petition or the respondent files a waiver of service, the one-year residency requirement may not apply. After properly filing, the case can continue even if one or both parties move out of state.
Establishing Residency
To establish that you live in New Hampshire, register to vote, obtain a driver's license, secure employment, purchase or lease a residence, open bank accounts, register your vehicle, and engage in other activities demonstrating your intent to make New Hampshire your permanent home. Avoid maintaining a residence in another state that could suggest you do not intend to remain in New Hampshire.
Grounds for Divorce in New Hampshire
New Hampshire divorce law provides both no-fault and fault-based grounds for divorce, giving parties options for how to proceed.
No-Fault Divorce
New Hampshire is technically a no-fault divorce state, meaning neither party must prove the other caused the marriage breakdown. The standard no-fault ground states that "irreconcilable differences have caused the irremediable breakdown of the marriage."
This means the parties have differences that cannot be fixed and those differences have permanently broken the marriage. No-fault divorce is by far the most common way people file for divorce in New Hampshire, avoiding the complexity and expense of proving fault.
Fault Grounds
Despite being a no-fault state, New Hampshire also recognizes specific fault grounds for divorce under RSA 458:7 including impotency of either party, adultery of either party, extreme cruelty of either party to the other, conviction of a crime punishable with imprisonment for more than one year with actual imprisonment, treatment that seriously injures health or endangers reason, absence for two years without being heard from, habitual drunkenness for two years, joining a religious sect that believes marriage is unlawful with refusal to cohabitate for six months, and abandonment and refusal to cohabitate for two years.
Proving Fault Grounds
Filing for divorce on fault grounds makes the divorce process more difficult. The petition must contain correct language for the specific fault ground, and certain grounds like adultery have special service requirements. The petitioner must prove both that the fault ground occurred and that it caused the breakdown of the marriage.
For example, an adultery claim can be defeated if the guilty spouse proves the marriage was already broken before they became involved with another person. For fault to significantly impact property division, the petitioner must prove the fault caused either extreme emotional distress requiring counseling or medical care, or substantial economic loss beyond what a typical divorce causes.
Adultery as Fault Ground
When alleging adultery, the petitioner must name the co-respondent (the person who allegedly committed adultery with the spouse) and serve them with divorce papers. The co-respondent has the right to participate in the divorce process.
Most people prove adultery through circumstantial evidence by establishing the spouse had both the disposition to commit adultery (shown through displays of affection, intimate communications, or expressions of love) and the opportunity to commit adultery (proven by showing time spent alone together in private settings).
New Hampshire's Supreme Court has ruled that adultery includes voluntary sexual intercourse between a married person and someone other than their spouse, regardless of the sex or gender of either person.
Extreme Cruelty
Extreme cruelty generally involves actual physical violence, often accompanied by disrespectful, disparaging, or threatening words that destroy a spouse's self-esteem or cause fear for their safety or health. Multiple incidents of physical violence typically are necessary, though no specific number is required.
Jurisdiction and Venue
Understanding jurisdiction and venue ensures you file your divorce in the proper court.
Court Jurisdiction
New Hampshire's Superior Courts and Family Division courts have subject matter jurisdiction over divorces. The court only has jurisdiction if both parties live in New Hampshire when the divorce starts, the respondent does not live in New Hampshire but the petitioner has lived there for more than one year before filing, or other specific circumstances apply.
Venue
Venue refers to which court location will handle your case. New Hampshire has ten counties. A petitioner can file in the county where they live or where the respondent lives. Residents of certain counties file in their county's Family Division, while others file in Superior Court, depending on which court has jurisdiction in that county.
Property Division Under New Hampshire Divorce Law
New Hampshire divorce law requires equitable division of property, meaning fair rather than necessarily equal distribution.
Equitable Distribution Principles
Courts start with the presumption that an equal 50/50 division represents equitable distribution. However, this presumption can be modified based on statutory factors. "Equitable" means fair, and if you want a division other than 50/50, you must explain to the judge why your request is fair.
Marital Property Subject to Division
In New Hampshire, nearly all property is subject to division in divorce. This includes property held solely in one spouse's name, assets acquired through gifts or inheritance, retirement accounts and pensions, real estate and personal property, bank accounts and investments, and business interests.
While courts may allocate separate property acquired before marriage or received as gifts or inheritance to the original owner, all property technically can be considered when determining equitable distribution.
Parental Rights and Responsibilities
When minor children are involved, New Hampshire divorce law addresses custody and parenting arrangements under the Parental Rights and Responsibilities Act.
Decision-Making Responsibility
Decision-making responsibility (formerly called legal custody) refers to the authority to make decisions for and about children. These decisions often involve religion, medical choices, or where children attend school. This responsibility can be allocated between parents or given to only one parent.
Residential Responsibility
Residential responsibility (formerly physical custody) refers to the responsibility to provide a home for children. Once parents are no longer together, a mechanism is needed to decide where children actually live.
Parenting Plan Requirements
Both parties must submit a parenting plan to the court unless they have agreed on one and want the judge to make it part of the orders. If the judge must decide how to divide decision-making and residential responsibility, the judge makes orders based on the best interests of the child.
Parents must work together to agree on as many parenting plan provisions as possible. Exceptions apply when there is evidence of domestic violence, child abuse or neglect, or other circumstances the court excuses.
Child Support Under New Hampshire Divorce Law
Child support is calculated according to a set formula based on financial affidavits filed by both parents.
Child Support Guidelines
Any case with a child support order requires parties to file financial affidavits, child support worksheets, and uniform support orders. The guidelines use both parents' incomes, number of children, and other factors to calculate appropriate support amounts.
Child Impact Seminar
In any action involving parents of minor children, New Hampshire requires both parents to attend the Child Impact Seminar as soon as possible after filing the divorce petition, but no later than 45 days after the respondent is served. No permanent agreement will be ordered until both parents complete the seminar and present certificates to the court.
Alimony and Spousal Support
New Hampshire divorce law provides for both term alimony and reimbursement alimony.
Term Alimony
Term alimony allows both parties to maintain a reasonable standard of living. The judge can order term alimony when the recipient spouse lacks sufficient income or property to meet their needs, cannot support themselves through appropriate employment or has childcare responsibilities limiting work, and the paying spouse can meet both parties' needs while maintaining their standard of living.
Receiving Alimony
To request term alimony, you must make a motion before the final divorce order is signed or within five years after the divorce decree is entered. Reimbursement alimony requests must be made before the final divorce decree becomes effective.
The maximum duration for term alimony is 50 percent of the marriage length, though courts can adjust this based on fairness considerations and special circumstances.
The Divorce Process in New Hampshire
Understanding the divorce process helps you navigate each step effectively.
Filing Requirements
An individual initiating divorce begins by filing a petition for divorce and a personal data sheet. Couples who agree to divorce can file a joint petition even if they disagree on property division or parenting issues.
Service of Divorce Papers
The respondent must receive notice of the filing through one of three methods: picking up papers at court, receiving papers by certified mail, or service by sheriff. If notice is not provided by one of these methods, the filing is invalid.
Required Documents
Parties must complete financial affidavits detailing income, assets, debts, and expenses. When children are involved, additional documents include parenting plans, child support worksheets, and uniform support orders.
Finality and Appeals
Understanding when your divorce becomes final is important for planning your future.
When Divorce Becomes Final
Decrees in uncontested matters where parties filed an agreement become final on the date signed by the judge. Contested and default actions become final 31 days from the date of the clerk's notice of decision.
Appeals to the Supreme Court
If either party files a Motion for Reconsideration or an appeal to the New Hampshire Supreme Court, the decree is not final until 30 days after the ruling on those motions or after the appellate decision.
Moving Forward
New Hampshire divorce law establishes comprehensive frameworks for ending marriages through both no-fault and fault-based grounds. Understanding residency requirements, grounds for divorce, including irremediable breakdown and fault grounds like adultery and extreme cruelty, property division principles, parental rights and responsibilities, child support obligations, and alimony provisions ensures you can effectively navigate the divorce process.
Whether you file a divorce petition individually or jointly, New Hampshire divorce law requires compliance with specific procedures and timelines. Working with experienced family law attorneys helps protect your rights regarding the division of property, parenting plans reflecting the best interests of the child, and fair support arrangements.
The dissolution of the marriage through divorce in New Hampshire involves multiple steps from initial filing through final decree. Understanding your rights and obligations under state law helps you achieve fair outcomes while minimizing conflict and expense throughout the divorce process.