New Hampshire Divorce FAQ — Most Common Questions (2026)

The Basics

Do I really need to live in New Hampshire for any minimum period before filing? No. New Hampshire has no minimum residency requirement. If you live in New Hampshire now — it is your current residence — you can file for divorce immediately. This is one of the most distinctive features of New Hampshire's divorce law.

Is there a waiting period in New Hampshire? No. New Hampshire has no mandatory waiting period between filing and finalization. Combined with no residency minimum, an agreed New Hampshire divorce can move faster than virtually any other state.

What is a Joint Petition? A Joint Petition is a divorce filed by both spouses together at the Circuit Court, Family Division. Both spouses are co-Petitioners. No service step is needed — both sign and file together. This is the fastest option for agreed divorces.

What is the Financial Affidavit and why do I have to file it? The Financial Affidavit (NHJB-2065-F) is required by RSA 458:15-b in all New Hampshire divorces. It discloses all income, assets, debts, and monthly expenses. Courts require it to evaluate property division, alimony, and child support, even if you and your spouse agree on everything. Use the simplified form (NHJB-2065-FS) only if the court approves.

Children and Support

Do I have to take a parenting class? Yes — when children under 18 are involved, both parents must complete a court-approved parenting education program and file completion certificates. The divorce cannot be finalized without both certificates. The class is typically a few hours and costs $35–$75 per parent.

What is the no-fault ground in New Hampshire? "Irreconcilable differences" (RSA 458:7-a) — the marriage has broken down irretrievably. No fault needs to be proven.

When does child support end? Child support ends when the child turns 18 or graduates from high school.

Property and Alimony

Is property split 50/50 in New Hampshire? No. New Hampshire is an equitable distribution state (RSA 458:16-a). Property is divided fairly based on 12 statutory factors — not necessarily 50/50.

How does alimony work in New Hampshire? New Hampshire calls it "alimony" (RSA 458:19). It is need-based — no formula. Courts consider duration of marriage, income and employability, standard of living, and other factors. The parties can agree to any alimony arrangement (or waive it entirely) in the MSA.

Where do I record the deed after the divorce? At the NH Registry of Deeds in the county where the property is located. Note that New Hampshire has a real estate transfer tax — confirm whether a divorce-related exemption applies before recording.

Last reviewed: March 2026 | No residency minimum | No waiting period | Joint Petition available | Financial Affidavit NHJB-2065-F required (RSA 458:15-b) | Parenting class both parents — children under 18 | "Irreconcilable differences" (RSA 458:7-a) | Equitable distribution (RSA 458:16-a) | Alimony need-based (RSA 458:19) | NH Registry of Deeds | courts.state.nh.us/forms/nhjb-forms.htm | nhla.org

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