Reviewed July 2026
Filing for Divorce in New Hampshire
A plain-language look at how divorce works under New Hampshire law: who can file, how long it takes, what it costs, and where New Hampshire's own court forms and self-help resources are.
Virdix's document-preparation product currently prepares divorce paperwork for California cases only. This page explains how the process works under New Hampshire law, using New Hampshire's own court forms and self-help resources, for people researching before they file. It is not legal advice, and Virdix does not prepare or file New Hampshire divorce paperwork. See how Virdix works for California divorces.
New Hampshire is one of the few states that still runs true fault and no-fault grounds side-by-side in active use (RSA 458:7 fault grounds sit right alongside the no-fault RSA 458:7-a irreconcilable-differences ground), rather than having phased fault grounds out entirely. Its residency rule is also more layered than the single-number version most readers expect: couples who are both already domiciled in New Hampshire face no minimum residency duration at all, and the 1-year rule only kicks in when just one spouse lives in the state. Most distinctively, New Hampshire has an actual statutory alimony formula, 23% of the gross income gap between spouses, capped by need and by a marriage-length-based duration limit, at a time when the large majority of states leave spousal support entirely to judicial discretion with no numeric formula in the statute at all. Because courts.nh.gov blocked automated verification during this research pass, the filing fee and e-filing availability fields are intentionally left unconfirmed rather than guessed, consistent with this project's rule that an unsourced number is worse than no number.
Grounds for divorce in New Hampshire
No-fault grounds
- Irreconcilable differences causing the irremediable breakdown of the marriage (RSA 458:7-a); evidence of specific misconduct is inadmissible on this ground except where relevant to child welfare
Fault-based grounds
- Adultery
- Extreme cruelty
- A criminal conviction with over a year's imprisonment
- Treatment seriously injuring health or endangering reason
- 2-year unexplained absence
- 2+ years of habitual alcohol or drug abuse
- A spouse's refusal to cohabit for six months on religious grounds
- 2-year abandonment without consent
Grounds are under RSA 458:7 (fault) and RSA 458:7-a (no-fault); both remain available.
Source: gc.nh.gov
Who can file: residency rules
New Hampshire's rule has three separate paths to jurisdiction, and only one of them involves a fixed time period: (1) both spouses are currently domiciled in New Hampshire when the action is filed, no minimum duration required in this scenario; (2) the plaintiff is domiciled in New Hampshire and the defendant is personally served with process while in the state, again no minimum duration stated; or (3) the plaintiff has been domiciled in New Hampshire for the full year immediately preceding filing, which is the path used when only one spouse lives in the state. Readers researching 'New Hampshire divorce residency' most often find only the 1-year rule described, missing that couples who both already live in New Hampshire don't need to wait out any residency clock at all.
RSA 458:5
Source: gc.nh.gov
How long it takes
No fixed statutory cooling-off period was found between filing and final decree in RSA chapter 458. Timing in practice depends on service, any required response period, and court scheduling rather than a stated number of days.
No specific statutory cite identified (see note in field)
Source: gc.nh.gov
That figure is the statutory floor, not a promise. Service, exchanging financial disclosures, and the court's own hearing calendar routinely add time on top of it, and a contested case takes longer than an uncontested one regardless of the minimum. California, by comparison, requires a mandatory six month waiting period from the date of service.
Cost and filing fees
$280.00 for Original Entry of All Divorce Matters without Minor Children (including cross-petitions and Registration of Foreign Decree); $282.00 for Original Entry of All Divorce Matters with Minor Children or Parenting Matters. This is a single statewide fee, not county-set, confirmed directly from the New Hampshire Judicial Branch's official 'Circuit Court Filing Fees' schedule (Family Division page), which is keyed to Circuit Court Family Division Rule 1.3. Retrieved via browser navigation after courts.nh.gov blocked plain automated fetches.
Source: courts.nh.gov
California's own statewide filing fee is generally $435 to $450 statewide, with a fee waiver available for those who qualify.
Divorce forms and papers
The petition
Petition for Divorce, NHJB-2057-F, filed together with a required Personal Data Sheet.
Source: 603legalaid.org
Fee waiver
Motion to Waive Filing and Service Fees, filed together with a Financial Affidavit documenting income and expenses; a judge reviews and approves or denies it.
Source: 603legalaid.org
New Hampshire publishes fillable forms for this process.
California uses standardized Judicial Council forms, starting with the Petition (Form FL-100), across every county. See California's own divorce forms.
Filing online
Mandatory statewide for attorneys across all Circuit Court case types (per the NH Judicial Branch's e-filing hub), but divorce/parenting/family cases are NOT among the case types self-represented parties are permitted to e-file in Circuit Court, the self-represented e-filing case list is limited to Small Claims, Guardianship of Minors, Guardianship of Incapacitated Persons, Wills and Estates, Name Changes, Involuntary Admission (135-C) Cases, Civil Complaints, and certain other civil matters. A self-represented divorce or parenting petitioner must file on paper.
Source: courts.nh.gov
Uncontested and simplified divorce
New Hampshire offers a distinct simplified or summary track.
Source: 603legalaid.org
California's equivalent is uncontested divorce in California, which uses the same statewide forms as any other case but moves faster once both spouses agree on every term.
Filing without a lawyer
New Hampshire allows self-represented filers, and most divorces filed in the state proceed this way. Because Virdix prepares paperwork for California cases only, a New Hampshire filer handling their own case works directly from New Hampshire's own forms and self-help materials rather than a Virdix-prepared packet. New Hampshire's official self-help resources are the direct source for the current forms and instructions.
For how self-representation works in the state Virdix does serve, see divorce without a lawyer in California and DIY divorce vs. hiring a lawyer.
More about divorce in New Hampshire
How property is divided
Equitable distribution (RSA 458:16-a), with a statutory presumption that an equal (50/50) division is equitable unless the court finds, after weighing factors like marriage duration, each spouse's economic circumstances, and contributions to the marriage, that an equal split would not be appropriate.
Source: gc.nh.gov
Court structure
Divorce is filed in the Circuit Court, Family Division (in counties where a Family Division exists) or the applicable Circuit Court district, at the courthouse serving the county where the filer resides. New Hampshire does not have a separate, differently-named simplified/summary dissolution statute the way Montana or Nevada do; a joint petition signed by both spouses is the mechanism used for agreed, uncontested cases.
Source: 603legalaid.org
Spousal support
New Hampshire is one of the minority of states with an actual statutory alimony formula (RSA 458:19-a), not pure judicial discretion. Term alimony is set at the lesser of the recipient's reasonable need or a formula of 23% of the difference between the spouses' gross incomes (30% if the alimony becomes federally tax-deductible), unless the court finds justice requires an adjustment. Maximum duration for term alimony is capped at 50% of the marriage's length, and reimbursement alimony is separately capped at 5 years from the decree.
Source: gc.nh.gov
Child support guideline
Income-shares-style model under RSA 458-C: the statute applies a percentage (ranging roughly 19% to 45.6% depending on the number of children and income level) to the parents' combined net income to set the total obligation, then divides that obligation between the parents proportionally to each one's share of the combined income.
Source: gc.nh.gov
Parenting class requirement
Not confirmed either way from a primary source.
Mandatory under RSA 458-D: anyone with minor children who is getting divorced, or who has filed or responded to a parenting petition, must attend a mandatory four-hour Child Impact Program (CIP) and show the court a certificate of attendance, or the case may be delayed. Confirmed directly from the NH Judicial Branch's Child Impact Program page via browser navigation. The program costs $85, paid directly to the program provider (separate from the court filing fee); a fee reduction may be available by contacting the provider directly.
Source: courts.nh.gov
Residency exceptions
None identified beyond the three jurisdictional paths described above; no separate military-spouse carve-out was found in RSA 458:5 in this pass.
California is the only state on this site with a full county-by-county breakdown. See how California's divorce process compares across its 58 counties.
This page is general information about New Hampshire divorce procedure, not legal advice for your situation. Laws, fees, and forms change over time; confirm current details with New Hampshire's own courts before relying on anything here. Virdix is not a law firm, is not licensed to practice law in New Hampshire, and does not prepare or file New Hampshire divorce paperwork. It is not a substitute for an attorney licensed in New Hampshire.
Divorce guides for nearby states
Virdix currently serves California
If you're filing for divorce in California, Virdix guides you through the state's Judicial Council forms so your paperwork is complete and consistent before you file. If you're filing in New Hampshire, the official resources linked above are the right place to start.