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United States · State guide

Divorce inNew Hampshire.

Family law is state law. Here is how it works in New Hampshire: the property rules, support, how to file, what it costs, who enforces it, and every FairWell guide and tool set up for New Hampshire.

Official source: www.courts.nh.gov

¿Prefiere leer en español? Tenemos una guía práctica de separación y divorcio en Estados Unidos. Leer la guía

Property division

Equitable distribution state: marital property is divided fairly, which usually means roughly equally but the court can adjust based on statutory factors; separate property stays with the owner.

Residency and waiting period

Court: Circuit Court (Family Division)

Generally: 1 year residency unless both live in-state; no set waiting period. Exceptions apply; check the official source for current rules.

Child support

Percentage-of-income model. Some states address pets in property division; check the official source for New Hampshire's current rule.

Retirement accounts

Workplace retirement plans are divided by a Qualified Domestic Relations Order (QDRO) prepared after the decree; IRAs are divided by the decree itself. A former spouse married ten years or more may claim Social Security on the ex's record.

Enforcement

Child support is enforced by New Hampshire Division of Child Support Services under the federal Title IV-D program: income withholding, tax refund intercepts, license suspension and passport denial for arrears.

Health insurance

Divorce ends a former spouse's eligibility on an employer plan. COBRA continuation is available for up to 36 months at full cost; the ACA marketplace opens a special enrollment period.

Official guidelines and tools

The government and court sources for child support, spousal support, the family law statute and self-help. Use these to check any estimate, including ours.

Common questions

How is property divided in a New Hampshire divorce?

Equitable distribution state: marital property is divided fairly, which usually means roughly equally but the court can adjust based on statutory factors; separate property stays with the owner.

How do I file for divorce in New Hampshire?

Generally: 1 year residency unless both live in-state; no set waiting period. Exceptions apply; check the official source for current rules. File in the Circuit Court (Family Division).

When does child support end in New Hampshire?

Child support usually ends at 18. Under a law in effect since July 1, 2025, if the child is still a full-time student in school at 18, support continues until graduation or two months after the child turns 19, whichever comes first; a court can continue support for a child with a disability, but not beyond 21.

Check the official source

What happens to property when unmarried couples separate in New Hampshire?

New Hampshire only treats a cohabiting couple as married after one partner dies (if they lived together and were known as spouses for three years), so this does not help couples who separate. Separating unmarried partners are not covered by divorce property rules; property generally belongs to whoever holds title, subject to any agreement between you.

Check the official source

How long do you need to live in New Hampshire to file for divorce?

You can file if both spouses live in New Hampshire, if the person filing has lived there for one year, or if the person filing lives there and the other spouse can be served in New Hampshire. Divorce is handled by the Family Division of the New Hampshire Circuit Court.

Check the official source

Official help: New Hampshire Judicial Branch: How to File a Divorce Petition. Rules change, so confirm with a family lawyer in New Hampshire before you rely on them.

New Hampshire

Get organized in New Hampshire

Guided questions for separation agreements, parenting plans and financial disclosure, linked to the official sources on this page and organized into a plain-language summary for a local family lawyer, who prepares the agreement and advises you.

See pricingFind a New Hampshire professional

This page is legal information, not legal advice. It summarizes how the process works in New Hampshire so you can plan; the official sources above are where current fees, forms and deadlines live, and they are the final word if anything here differs. When you're ready, the assessment and FairWell's guided questions link to the rules for New Hampshire; a local lawyer prepares any agreement and advises you before you sign.