Reviewed August 2026
Court Hearings in New Hampshire
After a divorce petition is filed in New Hampshire, either spouse can file a motion asking the court for temporary relief. This can happen while the case is pending. It can cover custody, support, or restraining orders. RSA 458:16 gives the court broad authority to issue these orders, on either a temporary or permanent basis. Some can be issued ex parte, without advance notice to the other spouse. When a temporary order is issued ex parte, the spouse it was entered against has the right to challenge it quickly. That spouse can file a written request with the clerk of court, asking for a hearing. The law requires that hearing within 5 days of the clerk receiving the request. New Hampshire's family law cases are heard in the Circuit Court's structure. Rules and forms for motion practice and temporary hearings come from the courts' own procedural rules. No single statute covers every step.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how court hearings works under New Hampshire law for people researching before they file. It is not legal advice, and Virdix does not prepare or file New Hampshire paperwork. See how Virdix works for California divorces.
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Temporary relief under RSA 458:16
RSA 458:16 lets the court issue orders on a temporary or permanent basis. This applies once a petition for divorce, annulment, separation, or a decree of nullity has been filed. The relief available includes temporary custody and maintenance of minor children. No preference is given to either parent based on sex. It also includes temporary support payments for a spouse. These orders can be requested by motion while the case is pending. They set interim rules until the case resolves.
Ex parte temporary orders and the 5-day hearing rule
RSA 458:16 allows temporary orders to be issued ex parte. Because of that, a spouse can face a court order on custody or support before ever appearing before a judge. To balance that, the law gives the affected spouse a fast path to be heard. That spouse can file a written request with the clerk of the superior court, asking for a hearing on the ex parte order. The statute requires that hearing no later than 5 days after the clerk receives the request. This is one of the shorter statutory hearing deadlines among state family law statutes.
Temporary alimony while a case is pending
New Hampshire law separately defines temporary alimony. It means periodic support payments made to or on behalf of a spouse while a divorce, separation, or annulment case is pending. It ends on the effective date of the final decree. Temporary alimony generally does not count toward the formula or duration limits in the final alimony award. The exception is if the court finds the temporary payments ran unusually long. That distinction matters for spouses trying to understand how a temporary order relates to the case's final outcome.
Where family law cases are heard
New Hampshire hears divorce and related family matters through its court system's family division structure. This handles custody, support, and divorce cases statewide. The procedural details for filing and scheduling motions, including temporary order requests, come from the court's own rules and administrative practices, not the divorce statute itself. Anyone with a pending motion should check the specific court's current rules. Local practices also affect how a request gets scheduled.
What a temporary order hearing generally involves
When a temporary order request is contested, both spouses or their attorneys appear before the court. They address the specific relief requested, whether that is custody, support, or a restraining order. The judge weighs the circumstances described in the motion and any response before deciding whether to issue, modify, or vacate the temporary order. RSA 458:16 permits ex parte relief. Because of that, a case's first hearing can sometimes be the 5-day hearing challenging an order already in place, rather than a hearing on the original request.
Sources: RSA 458:16, temporary relief and permanent restraining orders, RSA 458:19-a, temporary alimony definition and treatment relative to final alimony formula
Not independently confirmed
- New Hampshire Judicial Branch's courts.nh.gov site, including its Circuit Court Family Division and self-help center pages, blocked automated verification during this pass (403 response to standard requests); the family division structure described here reflects the state's known court organization but the specific self-help URLs were not confirmed live and should be checked directly at courts.nh.gov.
- Confirm whether marital masters or referees currently hear temporary order motions at the specific New Hampshire circuit court location and check current remote-hearing availability with that court.
Court Hearings in New Hampshire: frequently asked questions
Can a New Hampshire court issue a temporary custody order without notifying my spouse first?+
Yes. RSA 458:16 allows temporary orders, including those addressing temporary custody, to be issued ex parte after a divorce or separation petition is filed. The spouse the order is issued against can then request a hearing to challenge it.
How fast can I get a hearing to challenge an ex parte temporary order in New Hampshire?+
The law requires the hearing to be held no later than 5 days after the clerk of court receives a written request for one. This applies specifically to temporary orders issued ex parte under RSA 458:16.
What can a temporary order cover in a New Hampshire divorce?+
RSA 458:16 allows temporary orders addressing custody and maintenance of minor children, without preference to either parent based on sex, and temporary support payments for a spouse. These orders can be entered on a temporary basis while the divorce case is pending.
Does temporary alimony in New Hampshire count against my final alimony award?+
Generally no. Temporary alimony paid while the case is pending is not counted toward the formula or duration limits that apply to the final alimony award, unless the court finds the temporary payments lasted an unusually long time.
Which court hears divorce hearings in New Hampshire?+
New Hampshire family law matters, including divorce and temporary order requests, are heard through the court system's family division structure. Specific scheduling and motion procedures are set by the court's own rules.
Do I need a lawyer to request a temporary order hearing in New Hampshire?+
No, a self-represented spouse can file a written request with the clerk of court for a hearing on an ex parte order. The court's own procedural rules govern how the request and hearing are handled.
This page is general information about court hearings in New Hampshire, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with New Hampshire's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in New Hampshire. Virdix does not prepare or file New Hampshire divorce paperwork. It is not a substitute for an attorney licensed in New Hampshire.
More New Hampshire divorce guides
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