New Hampshire Divorce Guide
Everything you need to know about filing for divorce in New Hampshire — residency requirements, costs, forms, timelines, and how to file without a lawyer. Updated for 2026.
New Hampshire Divorce at a Glance
| Residency Requirement | 12 months in state |
| Waiting Period | 0 days — New Hampshire does not impose a statutory waiting period after filing for divorce. The case may proceed to hearing once the respondent has been served and the response deadline has passed. However, scheduling a hearing may take several weeks depending on the court's calendar. |
| Filing Fee | $252(fee waiver available) |
| No-Fault Grounds | Irreconcilable Differences |
| Fault Grounds | Impotency, Adultery, Extreme Cruelty, Conviction of a Crime, Treatment Injuring Health or Endangering Reason, Absence for Two Years, Habitual Drunkenness or Drug Abuse, Religious Sect Refusal to Cohabit, Abandonment |
| Property Division | Equitable Distribution |
| E-Filing | Available — New Hampshire offers e-filing through TurboCourt (https://turbocourt.com/newhampshire) for self-represented litigants, which guides users through personalized questions and creates forms. Attorneys and self-represented parties may also e-file through the court's electronic services portal. A 3% surcharge applies to credit/debit card transactions. |
| Response Window | 30 days — Under New Hampshire court rules, the respondent has approximately 30 days from the date of service to file an appearance and response with the court. |
Grounds for Divorce in New Hampshire
Irreconcilable differences which have caused the irremediable breakdown of the marriage
No-Fault Grounds
- Irreconcilable Differences — Under RSA 458:7-a, a divorce shall be decreed irrespective of the fault of either party on the ground of irreconcilable differences which have caused the irremediable breakdown of the marriage. Over 90% of New Hampshire divorces are granted on this ground.
Fault-Based Grounds
- Impotency — Under RSA 458:7(I), when either party was impotent at the time of the marriage.
- Adultery — Under RSA 458:7(II), adultery committed by either party.
- Extreme Cruelty — Under RSA 458:7(III), extreme cruelty of either party to the other.
- Conviction of a Crime — Under RSA 458:7(IV), conviction of either party in any state or federal district of a crime punishable with imprisonment for more than one year and actual imprisonment under such conviction.
- Treatment Injuring Health or Endangering Reason — Under RSA 458:7(V), when either party has so treated the other as seriously to injure health or endanger reason.
- Absence for Two Years — Under RSA 458:7(VI), when either party has been absent two years together and has not been heard of.
- Habitual Drunkenness or Drug Abuse — Under RSA 458:7(VII), when either party habitually abuses alcohol or drugs and has been doing so for two or more years.
- Religious Sect Refusal to Cohabit — Under RSA 458:7(VIII), when either party has joined any religious sect or society which professes to believe the relation of husband and wife unlawful, and has refused to cohabit with the other for six months.
- Abandonment — Under RSA 458:7(IX), when either party, without sufficient cause and without consent of the other, has abandoned and refused for two years together to cohabit with the other.
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How to File for Divorce in New Hampshire
Meet Residency Requirements
You must have lived in New Hampshire for at least 12 months before filing. Under RSA 458:5, a New Hampshire court has jurisdiction if: (1) both parties were domiciled in the state when the cause of divorce arose (no durational requirement); (2) the plaintiff is domiciled in the state and the defendant was personally served within the state; or (3) the plaintiff has been domiciled in the state for one year or more before filing. In practice, if both spouses reside in New Hampshire, there is no minimum durational requirement.
Complete Your Forms
New Hampshire requires 3 mandatory forms to initiate a divorce. See the full forms list.
File with the Court
File your petition and pay the $252 filing fee. E-filing is available in some counties.
Serve Your Spouse
Accepted service methods: Personal Service by Sheriff or Process Server, Certified Mail, Acceptance of Service, Service by Publication. The petitioner cannot personally serve the divorce papers on the respondent. After service is completed, the petitioner must file proof of service with the court.
Wait for Response & Finalize
Your spouse has 30 days to respond. After the 0-day waiting period, the court can issue your final decree.
Special Rules in New Hampshire
Mandatory Child Impact Program
Under RSA 458-D, all parties in divorce cases involving minor children must attend a mandatory four-hour Child Impact Program (CIP). Both parents must complete the program before the divorce can be finalized.
Mandatory Mediation
Under Family Division Rule 2.13, the court shall order parties to participate in mediation in divorce and parenting cases unless the court finds that mediation would not be appropriate (e.g., in cases involving domestic violence).
Alimony Formula
Under RSA 458:19-a(II), term alimony is calculated as the lesser of the payee's reasonable need or 23% of the difference between the parties' gross incomes. The court may adjust this amount if justice requires. If alimony becomes tax-deductible, the formula uses 30% instead.
Equal Division Presumption
Under RSA 458:16-a(II), equal division of marital property is presumed to be equitable unless the court finds that specific statutory factors make an unequal division more equitable.
Mandatory Requirements
Parenting Course Required
Under RSA 458-D, all parties with minor children in divorce cases must complete the four-hour Child Impact Program (CIP). The program covers the effects of divorce on children, conflict resolution, and co-parenting skills. Cost is approximately $75 per parent.
Mediation Required
Under Family Division Rule 2.13, the court shall order mediation in divorce and parenting cases unless it finds mediation would not be appropriate (e.g., domestic violence situations). Mediation through court-connected programs is available at reduced cost.
Financial Disclosure
Both parties must exchange financial disclosures within 45 days of filing.
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