Residency Requirements

In order to file for divorce in New Hampshire, both parties must either: 1) reside in the state when the action is initiated, or 2) you may file if petitioning party resides within the State of New Hampshire for one year when the respondent is process served in a different state, 3) or the divorce may be initiated if the filing party resides within the state and the respondent is served with process service within the state.

Grounds

New Hampshire’s no-fault ground for divorce is based on irreconcilable differences, with no foreseeable reconciliation between the parties.

New Hampshire’s has thirteen fault based divorce grounds, which include, but are not limited to adultery, physical or mental abuse, desertion, and alcoholism.

Child Custody

The New Hampshire courts award custody based on the child's best interest in contested divorce cases. The courts assume that the parents will be joint legal custodians of their children; however, if joint legal custody is not to be awarded, the parties or the court must stipulate their reasoning as to why joint legal custody cannot be arranged.

Physical custody may be shared or split between the parents, or awarded to either parent. As long as the child’s best interests are preserved, the court will generally approve any agreement the parties reach concerning custody.

Child Support

New Hampshire’s child support guidelines apply in virtually every case unless special circumstances exist. Both parties’ gross incomes, as well as certain child related expenses are taken into consideration when calculating the child support obligation. The child support payment will generally continue until the child reaches eighteen years of age, or graduates from high school, which ever last occurs.

Venue

Some counties in New Hampshire conduct divorce proceedings in the Superior Court. Other counties conduct divorce proceedings in the new Family Court system. Divorce cases can be filed in the county where either petitioning party or responding party resides.

Mediation

At any time during the divorce proceeding or before the divorce has bee filed, the parties may agree to mediate their disputed issues at any time. The parties may proceed in New Hampshire courts on an uncontested basis if the parties are able to resolve all of the disputed issues through mediation.

Filing Fees

Court filing fees are in addition to the cost of using CompleteCase.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.