New Hampshire Divorce Law

Complete Overview of of the New Hampshire Divorce Laws

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Important New Hampshire Divorce Guidelines to File for a Divorce

New Hampshire Residency Requirements For Divorce

Residency requirements in New Hampshire state that couples are eligible for a divorce if both parties are legal residents at the time when the petition for divorce is filed. Couples are also eligible if the plaintiff is living in New Hampshire for one year when the defendant has been served with the divorce papers while living in another state.

Grounds For Divorce In New Hampshire

New Hampshire no-fault divorce is solely based around proving irreconcilable differences.

New Hampshire also recognizes several grounds for a fault based divorce, which are:

  • adultery;
  • mental or physical cruelty;
  • desertion;
  • alcoholism;
  • non-support.
New Hampshire Child Custody

When it comes to a contested divorce in New Hampshire the courts will usually make their decision with the child’s best interest in mind. it is always presumed that the parents can come to an agreement and will be joint legal custodians of the children involved in the proceedings. if joint legal custody cannot be attained or agreed upon, the parents must state the factors and reasons why they couldn’t come to an agreement. The courts will generally approve any agreement the parties reach concerning custody, so long as it appears to be in the children’s best interest.

New Hampshire Child Support Guidelines

When calculating New Hampshire child support the courts have uniform rules in which they follow in almost every case. The calculation for child support will take the gross amount of income from both parties as well as certain child related expenses. The support is usually determined to run unto the child has reached the age of majority but can sometimes be extended into and through the child’s secondary education.


The divorce court system in New Hampshire can continually change. The superior court can usually handle some of the divorce proceedings, while in other counties the family court will handle the divorce proceedings. To find out and determine where your proceeding will be held it is suggested to contact the Superior court clerk of your county.


At any point during the divorce proceedings the parties can submit their areas of disagreement to mediation. If the parties can resolve the aspects of the divorce in which there are disputes they are able to proceed with the divorce on an uncontested basis.