New Hampshire Divorce Laws: Residency, Waiting Period, Custody and Support

New Hampshire courts can hear a divorce if both spouses were domiciled in the state when the case began, if the filing spouse was domiciled in the state and the other spouse was served in the state, or if the filing spouse was domiciled in the state for one year before filing. The cause of the divorce generally must have arisen while the filing spouse lived in New Hampshire.

No-fault divorce is available for irreconcilable differences that have caused the irremediable breakdown of the marriage. Fault grounds also exist, including impotency, adultery, extreme cruelty, certain felony convictions, conduct that seriously injures health or endangers reason, abandonment, absence for 2 years without being heard from, and habitual drunkenness or drug abuse for 2 years.

Spouses may file a joint petition for divorce; a joint petition is filed at the appropriate court without further service or notice.

New Hampshire uses equitable distribution with a presumption that an equal division is equitable. Property subject to division includes all property belonging to either or both spouses, including property owned before the marriage and property received by gift or inheritance; the court may consider those sources, along with factors such as length of the marriage, each spouse's age, health, income, earning capacity and contributions, fault that caused substantial pain or economic loss, and prenuptial agreements, in deciding whether an unequal division is appropriate.

Term alimony is the lesser of the recipient's reasonable need or a formula based on 23 percent of the difference between the spouses' gross incomes. The maximum duration is 50 percent of the length of the marriage, unless the spouses agree otherwise or justice requires an adjustment. The court may adjust amount or duration based on factors such as health, financial dependency, employability, a child's special needs, and either spouse's conduct during the marriage.

Parental rights and responsibilities are decided by the child's best interests, using listed factors such as the child's relationship with each parent and each parent's willingness to foster frequent and continuing contact with the other parent. There is a presumption that joint decision-making is in the child's best interest (abuse is evidence against it). If the court finds roughly equal parenting time is not in the child's best interest, it must explain why. The court may give substantial weight to the preference of a mature minor child if it finds, by clear and convincing evidence, the child is sufficiently mature; no specific age is set. The court may not prefer a parent because of sex or financial resources.

New Hampshire guidelines apply a percentage to the parents' combined net income, then divide the total between the parents. The percentage depends on the number of children and the combined income; for combined net income of $15,000 or less it is 25.6% for one child, 35.5% for two, 42.5% for three and 45% for four or more, and the percentages decline as income rises (for $125,000 or more: 19%, 26%, 31% and 33.5%).

Parents of minor children in cases allocating parental rights must attend a 4-hour seminar on the effects of divorce on children, to be completed within 45 days of service of the petition. Attendance is waived if a party is incarcerated or has attended before, in certain child support agency actions, or for good cause such as domestic violence; parents in domestic violence cases attend separate sessions. The fee is paid to the presenter, with reduced or no cost for people on need-based assistance.

Available. On petition of either spouse, the court may decree a legal separation, which has the same effect as a divorce except that the spouses are not free to marry someone else.

Marriages prohibited because of close family relationship, or because a spouse already had a living spouse, are void without any court process. If there is doubt about whether a marriage is void, a petition may be filed and the court may enter a decree of divorce or nullity. A New Hampshire court can annul a marriage entered in New Hampshire even if neither spouse has lived in the state.

New Hampshire does not generally recognize common-law marriage, with one exception: people who lived together, acknowledged each other as spouses, and were generally reputed to be married for 3 years until one of them died are treated as having been legally married after that death.

Grandparents may petition for reasonable visitation. The court considers whether visitation is in the child's best interest, whether it would interfere with the parent-child relationship, the nature of the grandparent's relationship with the child, friction between grandparent and parent, and the child's wishes. The section does not apply where the grandparent's access was already restricted before or at the time of the event (such as divorce or death) that broke up the nuclear family.

When a decree of divorce or nullity is made, the court may restore a former name of a spouse, whether or not the petition asked for it. This does not apply to legal separation.

Child support continues until the child marries, joins the armed services, is emancipated by court order, or turns 18. If the child is still a full-time student in elementary or secondary school, a charter school, or a qualifying home education program at 18, support continues until the child graduates or until 2 months after the child turns 19, whichever comes first. A support order cannot require a parent to pay an adult child's college expenses, except as allowed by RSA 461-A:21.

The Department of Health and Human Services provides child support enforcement services automatically in public assistance cases, and the commissioner may accept applications for services from people who do not receive public assistance. For people who have never received TANF cash assistance, the department must charge the fee required by federal law (section 454(6) of the Social Security Act), and it may charge fees for services in other cases.

All support orders must provide for wage assignment from the paying parent, and each support payment becomes a judgment when due. The Department of Health and Human Services can certify a parent who is not complying with a support order (or who ignores child support or paternity subpoenas) to licensing boards to suspend, revoke or deny licenses, after giving notice. Courts may require security for support payments and hear contempt motions for nonpayment; a parent's contempt motion must be reviewed within 30 days, and when arrears reach 8 weeks of support the arrears may be sent to court mediation.

Either parent can apply to the court (or to DHHS, if DHHS issued the order) to modify support 3 years after the last support order without showing a substantial change in circumstances, and may apply at any time based on a substantial change in circumstances. DHHS must notify parents in its cases at least every 3 years of their right to request a review, and must review public assistance cases at least every 3 years. A modification cannot take effect before the other party received notice of the petition. When support ends for one of several children, that is a substantial change for modification purposes.

After a parenting petition is filed, the court may issue ex parte temporary orders, including a temporary allocation of parental rights and responsibilities, without notice to the other parent only if specific facts in an affidavit or verified petition show that immediate and irreparable injury or loss will result to the applicant or the child before the other side can be heard. The moving party must file an affidavit about the notice given or attempted, and the court must find the notice was timely. The parent against whom an ex parte order is issued can request a hearing, which must be held within 5 days of the request.

Couples complete a marriage license application with a town or city clerk in New Hampshire. Before the license is issued, each applicant must show proof of age, plus a certified copy of the final divorce decree if divorced, or the death record of the former spouse if widowed. The license is valid for no more than 90 days from the date the application is filed. The fee is $50.

No one under 18 can enter a valid marriage in New Hampshire, and any marriage by a person under 18 is void. The statute has no parental-consent or court-approval exception; RSA 457:5-a and 457:6 were repealed effective January 1, 2025.

Two adults together, an unmarried adult, or (in listed circumstances) a married adult without the spouse may adopt in probate court. A surrender of parental rights is generally required from the birth mother, the legal father, and a birth father entitled to notice, signed in writing in the presence and with the approval of the court, with the parent represented by separate counsel unless waived. An adoptee 14 or older must assent unless the court finds that is not in the adoptee's best interest. For agency and related-child adoptions, the Department of Health and Human Services or a licensed agency assesses the home and files a report within 60 days of the petition; in other adoptions of a minor, the adoptive parents must request an assessment at least 30 days before the child is placed.

A married adult may adopt without the spouse joining as a petitioner when the spouse is the child's parent and assents. The other parent must surrender parental rights unless an exception applies (for example, rights were terminated). The court may proceed to a hearing and decree without a home assessment when one of the child's parents will remain a parent.

A minor 14 or older, or anyone interested in the minor's welfare, may file a verified petition in probate court for a guardian of the person, estate or both, stating specific facts showing guardianship is in the minor's best interest. The court reviews the proposed guardian's criminal and child-abuse registry records. The petitioner must prove by a preponderance of the evidence that guardianship is in the child's best interest; if a parent objects, the petitioner must prove by clear and convincing evidence that substituting for parental care is needed for the child's essential physical and safety needs or to prevent specific, significant psychological harm (a preponderance standard applies to grandparents petitioning because of a parent's substance abuse). A minor 14 or older must attend the hearing unless excused, and the court considers the minor's preference.

The probate court must inquire into the person's functional limitations and capacity, and dismiss the petition if the person can care for himself or herself or the estate. A guardian may be appointed only on findings beyond a reasonable doubt that the person is incapacitated, guardianship is necessary for continuing care or financial management, no suitable alternative resources are available, and guardianship is the least restrictive form of intervention. A ward keeps legal rights such as marrying, driving, making a will, contracting and accessing records unless the court specifically finds otherwise.

Paternity can be established by filing an affidavit of paternity with the clerk of the city or town where the child was born, which establishes paternity without further court action unless rescinded, or by a superior court petition by the mother, putative father, child or a public authority. A signer may rescind by filing a notarized rescission form with the clerk of the town of birth within 60 days after the affidavit was filed, unless a court or administrative proceeding about the child results in an earlier deadline. After 60 days, any challenge must be decided by a court.

The probate court may grant a petition to change a person's name. The court may not require the petitioner to obtain consents, and may proceed with or without notice. People who are incarcerated or on probation or parole, registered sex offenders or offenders against children, or people convicted of a violent felony or crime against a child must make a compelling showing that the change is necessary and serve the petition on the appropriate agencies and prosecutor; victims are notified and may be heard.

A minor 16 or older may petition the family division (in the judicial district where the minor lives or is found) for limited emancipation, stating specific facts; parents or guardians are served and the court holds a hearing within 30 days of filing (or 10 days after service). The minor must prove by clear and convincing evidence that emancipation is in his or her best interest and wanted, that he or she has lived apart from parents or guardian for 3 months or more, is self-sufficient (employment or other support, not public assistance), is pursuing high school graduation or equivalency, and that no public interest compels denial. The order lists the specific rights granted, such as living independently, managing money, contracting, consenting to medical and other services, and enlisting in the military; age-based laws (voting, alcohol, tobacco, firearms, gambling) still apply. The case closes when the minor turns 18.