Am I Eligible to File for Divorce in New Hampshire? (2026)

Disclaimer: General legal information only. Not legal advice.

Residency — None Required (Current Residence Only)

New Hampshire has no minimum residency requirement for divorce. The only rule is that you currently reside in New Hampshire. If New Hampshire is your home now, you can file today.

Which county? File at the Circuit Court, Family Division in the county where either spouse lives.

Note: RSA 458:5 provides the venue rules for New Hampshire divorce. There is no statutory minimum residency — just current residency.

Grounds for Divorce

No-Fault — Irreconcilable Differences

New Hampshire's primary no-fault ground is "irreconcilable differences" (RSA 458:7-a). The marriage has broken down irretrievably. No fault needs to be proven.

Fault Grounds (Also Available — RSA 458:7)

  • Adultery
  • Extreme cruelty
  • Absence for 2 years without support
  • Habitual alcohol or drug intoxication
  • Willful neglect or refusal to support
  • Imprisonment for more than one year
  • Joining a religious sect that denies marital obligations
  • Incompatibility of temperament (sustained)

Most New Hampshire divorces use irreconcilable differences.

No Waiting Period

New Hampshire has no mandatory waiting period. This makes New Hampshire one of the very few states where an agreed divorce can be finalized quickly after filing. Combined with no residency minimum, New Hampshire offers the most immediately accessible divorce conditions of any U.S. state.

Joint Petition — No Service Required

If both spouses agree, they can file a Joint Petition for Divorce together. This eliminates the service step. Both become Petitioners and sign the Joint Petition and a Marital Settlement Agreement.

Equitable Distribution

New Hampshire is an equitable distribution state (RSA 458:16-a). The court divides marital property fairly based on statutory factors — not necessarily 50/50.

Marital property: Acquired during the marriage. Separate property: Pre-marital, gifts, inheritances — generally stays with original owner, but courts have discretion to consider it.

Eligibility Checklist

  • You currently reside in New Hampshire ✅
  • Circuit Court, Family Division county identified ✅
  • "Irreconcilable differences" applies ✅
  • Marital property inventory in progress ✅
  • Financial Affidavit form identified (NHJB-2065-F or -FS) ✅
  • Joint Petition or Individual Petition decision made ✅
  • If children under 18: parenting class identified ✅

Last reviewed: March 2026 | No residency minimum (RSA 458:5) | No waiting period | "Irreconcilable differences" (RSA 458:7-a) | Joint Petition available | Financial Affidavit required (RSA 458:15-b) | Parenting class required with children under 18 | Equitable distribution (RSA 458:16-a) | Circuit Court Family Division | courts.state.nh.us/forms/nhjb-forms.htm

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Written by the SoLongSoulmate.com Editorial Team

Researched using official state court websites, state statutes, and legal aid resources. All filing fees and procedures verified March 2026. This is general legal information — not legal advice.

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.