If you only remember one point about how to file for divorce in New Hampshire, remember this: At least one party must have resided in New Hampshire for 1 year before filing (with limited exceptions). Grounds: No-fault irreconcilable differences are available alongside fault grounds (adultery, extreme cruelty, and others). Property: equitable distribution. New Hampshire is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable. Procedure, examples, and the opinions below hang off N.H. Rev. Stat. Ann. §§ 458:7 to 458:19-a. Waiting period: No lengthy mandatory cooling-off beyond ordinary Family Division caseflow; uncontested divorces can finalize after service and required disclosures. File in Circuit Court — Family Division in the county of residence.
Property division: equitable distribution
New Hampshire is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
Retirement accounts, closely held businesses, and marital homes often need valuations and Qualified Domestic Relations Orders (QDROs). Do not assume an informal split of bank accounts finishes the case.
Walking through New Hampshire facts
Use this walkthrough to see which New Hampshire authority does the work at each step.
A spouse wants to file for divorce in New Hampshire and is unsure about residency, grounds, and property.
- Confirm residency: At least one party must have resided in New Hampshire for 1 year before filing (with limited exceptions).
- Plead grounds New Hampshire recognizes: No-fault irreconcilable differences are available alongside fault grounds (adultery, extreme cruelty, and others).
- Expect property division under equitable distribution: New Hampshire is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
- Plan the timeline: No lengthy mandatory cooling-off beyond ordinary Family Division caseflow; uncontested divorces can finalize after service and required disclosures. A petition for divorce is filed in the Family Division. Temporary orders can address support and parenting. Contested property is divided equitably. The final decree dissolves the marriage and resolves support and a parenting plan.
New Hampshire Judicial Branch family forms and Legal Advice & Referral Center assist with uncontested filings.
Waiting periods and timelines
No lengthy mandatory cooling-off beyond ordinary Family Division caseflow; uncontested divorces can finalize after service and required disclosures.
The typical New Hampshire divorce process
A petition for divorce is filed in the Family Division. Temporary orders can address support and parenting. Contested property is divided equitably. The final decree dissolves the marriage and resolves support and a parenting plan.
Self-help and when to hire counsel
New Hampshire Judicial Branch family forms and Legal Advice & Referral Center assist with uncontested filings.
Related New Hampshire guides
- Child custody and parenting time in New Hampshire
- Security deposit return in New Hampshire
- DUI penalties in New Hampshire
Case law: divorce in New Hampshire
In the Matter of John Salesky and Jacqueline Salesky
In the Matter of John Salesky and Jacqueline Salesky, 157 N.H. 698 (2008)
…ondent, Jacqueline Salesky, appeals the final decree in her divorce from the petitioner, John Salesky, which was recommended by a Marital Master (Forrest, M.) and approved by the Superior Court (Hampsey, J.). We affirm. The record supports the following facts. The parties married in 1983, when the petitioner was fifty-five and the respondent was thirty-six. At that *701 time, t…
Practitioners open In the Matter of John Salesky and Jacqueline Salesky when New Hampshire divorce turns on the distinction in this sentence: "Jacqueline Salesky, appeals the final decree in her divorce from the petitioner, John Salesky, which was recommended by a Marital Master (Forrest, M.) and approved by the Superior Court (Hampsey, J.). We affirm. The record supports the following facts." Do not lift it out of the facts the court was deciding.
In the Matter of Gabrielle Muller and William Muller
In the Matter of Gabrielle Muller and William Muller, 164 N.H. 512 (2013)
CONBOY, J. In this appeal from a final divorce decree issued by the 10th Circuit Court — Derry Family Division (Moore, J.), the respondent, William Muller, appeals the trial court’s rulings apportioning the equity in the marital home and imputing $68,000 in annual income to him for child support purposes. We affirm in part, vacate in part, and remand. The f…
New Hampshire opinions such as In the Matter of Gabrielle Muller and William Muller are cited where divorce is disputed. The court stated: "CONBOY, J. In this appeal from a final divorce decree issued by the 10th Circuit Court — Derry Family Division (Moore, J." That is the language to brief; the rest of the decision supplies the procedural posture.
In the Matter of Kenneth Heinrich and Dorothy Heinrich
In the Matter of Kenneth Heinrich and Dorothy Heinrich, 164 N.H. 357 (2012)
…h Circuit Court — Derry Family Division (Sadler, J.) in his divorce from the respondent, Dorothy Heinrich. He argues that the trial court erred when it determined that his lump sum *359workers’ compensation settlement is property subject to equitable distribution. Alternatively, he contends that.the trial court’s division of this award is inequitable. We affirm. The trial court…
In the Matter of Kenneth Heinrich and Dorothy Heinrich is worth reading on New Hampshire divorce because the court put the point in its own words: "Circuit Court — Derry Family Division (Sadler, J.) in his divorce from the respondent, Dorothy Heinrich. He argues that the trial court erred when it determined that his lump sum *359workers’ compensation settlement is property subject to equitable distribution." Use that passage as the starting point, then read the facts that precede it.
James M. MacFarlane v. Beryl Rich (MacFarlane)
James M. MacFarlane v. Beryl Rich (MacFarlane), 132 N.H. 608 (1989)
…whether an antenuptial agreement purporting to fix the post-divorce rights of the parties is valid and enforceable. The plaintiff-husband appeals from certain portions of a decree of divorce entered by the Superior Court {Smith, J.) which distributed marital assets and awarded alimony in accordance with the terms of an antenuptial agreement executed by the parties prior to thei…
Practitioners open James M. MacFarlane v. Beryl Rich (MacFarlane) when New Hampshire divorce turns on the distinction in this sentence: "The plaintiff-husband appeals from certain portions of a decree of divorce entered by the Superior Court {Smith, J." Do not lift it out of the facts the court was deciding.
In the Matter of Paula Geraghty and Kenneth Geraghty
In the Matter of Paula Geraghty and Kenneth Geraghty, 169 N.H. 404 (2016)
…m the final order of the Circuit Court (Forrest, J.) in his divorce from the petitioner, Paula Geraghty. He argues that the trial court erred in: (1) applying New Hampshire law to his petition for annulment of the marriage; (2) denying his petition; (3) finding certain testimony proffered by the petitioner credible without explanation; (4) equally dividing the marital estate; a…
In the Matter of Paula Geraghty and Kenneth Geraghty is worth reading on New Hampshire divorce because the court put the point in its own words: "Circuit Court (Forrest, J.) in his divorce from the petitioner, Paula Geraghty." Use that passage as the starting point, then read the facts that precede it.
George C. Ruben v. Faith M. Ruben
George C. Ruben v. Faith M. Ruben, 123 N.H. 358 (1983)
Batchelder, J. In this divorce action, the defendant appeals the Trial Court’s (Johnson, J.) approval of the Master’s (William E. Lovejoy, Esq.) report which recommended that the marital home be sold, that the equity be equally divided between the parties, and that support not be provided for the defendant’s child by a previous marriage. We…
On divorce, George C. Ruben v. Faith M. Ruben speaks to the New Hampshire dispute in this passage: "Batchelder, J. In this divorce action, the defendant appeals the Trial Court’s (Johnson, J.) approval of the Master’s (William E. Lovejoy, Esq." The surrounding opinion shows how the court applied that language to the record.
In the Matter of Rebecca Harvey and Paul E. Harvey, Jr.
In the Matter of Rebecca Harvey and Paul E. Harvey, Jr., 153 N.H. 425 (2006)
…is, J. The petitioner, Rebecca Harvey, appeals from a final divorce decree recommended by a Marital Master (Bruce F. DalPra, Esq.) and approved by the Derry Family Division (Sadler, J.). The respondent, Paul E. Harvey, Jr., cross-appeals certain provisions of the decree. We affirm in part, vacate in part, and remand. I. Background The following facts were found by the trial cou…
In the Matter of Rebecca Harvey and Paul E. Harvey, Jr. is worth reading on New Hampshire divorce because the court put the point in its own words: "J. The petitioner, Rebecca Harvey, appeals from a final divorce decree recommended by a Marital Master (Bruce F. DalPra, Esq.) and approved by the Derry Family Division (Sadler, J.). The respondent, Paul E. Harvey, Jr., cross-appeals certain provisions of the decree." Use that passage as the starting point, then read the facts that precede it.
In the Matter of Lisalynn M. Valence and David P. Valence
In the Matter of Lisalynn M. Valence and David P. Valence, 147 N.H. 663 (2002)
…he Trial Court (Taube, J.) following a final hearing on the divorce petition filed by the petitioner, Lisalynn M. Valence. On appeal, the respondent contends the trial court erred in: (1) applying the same property distribution formula to vested and unvested stock options without *665first determining what part of the unvested stock options were attributable to his employment d…
Practitioners open In the Matter of Lisalynn M. Valence and David P. Valence when New Hampshire divorce turns on the distinction in this sentence: "Trial Court (Taube, J.) following a final hearing on the divorce petition filed by the petitioner, Lisalynn M. Valence." Do not lift it out of the facts the court was deciding.
Key takeaways
- Residency: At least one party must have resided in New Hampshire for 1 year before filing (with limited exceptions).
- Grounds: No-fault irreconcilable differences are available alongside fault grounds (adultery, extreme cruelty, and others).
- Property: equitable distribution — New Hampshire is an equitable-distribution state.
- Waiting period: No lengthy mandatory cooling-off beyond ordinary Family Division caseflow; uncontested divorces can finalize after service and required disclosures.
- Filing forum: Circuit Court — Family Division in the county of residence.
- Primary authority: N.H. Rev. Stat. Ann. §§ 458:7 to 458:19-a.
Residency and where to file
At least one party must have resided in New Hampshire for 1 year before filing (with limited exceptions). File in the Circuit Court — Family Division in the county of residence. Wrong venue or missing residency can delay service, temporary orders, and the final decree — confirm the county clerk’s checklist before you pay the filing fee.
Grounds for divorce in New Hampshire
No-fault irreconcilable differences are available alongside fault grounds (adultery, extreme cruelty, and others).
Even in no-fault states, fault allegations can still affect temporary support, attorney’s fees, or credibility disputes. Read the live statute text on LawDiver and pair it with the LawDiver search rail scoped to New Hampshire.
Frequently asked questions
How long do I have to live in New Hampshire before filing for divorce?
At least one party must have resided in New Hampshire for 1 year before filing (with limited exceptions).
Is New Hampshire a community-property state?
New Hampshire follows equitable distribution. New Hampshire is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
Do I need a lawyer to get divorced in New Hampshire?
New Hampshire Judicial Branch family forms and Legal Advice & Referral Center assist with uncontested filings.
What happens to child custody in a New Hampshire divorce?
Custody and parenting time are decided under New Hampshire’s best-interests framework. See child custody and parenting time in New Hampshire.
This guide covers New Hampshire law as of 2026. Statutes and local rules change — verify the live text on LawDiver before filing.