New Hampshire Legal Requirements for Divorce
The dissolution of marriage, more commonly known as divorce, is regulated at the state level. State divorce laws govern what constitutes a legal divorce, which grounds are acceptable for divorce, and the process required to finalize the divorce. Many states also have residency requirements, waiting periods, and/or mandatory legal separation prior to divorce.
Every state now allows "no fault" divorce, in which neither party is held to be responsible for the divorce, often with the stated grounds of "irreconcilable differences." But if one party is imprisoned, a habitual drunkard, a domestic abuser, or otherwise at fault, that may also be grounds for divorce.
Divorce Laws in New Hampshire at a Glance
The state of New Hampshire does not impose a waiting period, but the plaintiff in the divorce must have lived in the state for the past year before filing for divorce. Additional provisions of New Hampshire divorce law are listed in the chart below, including the various grounds for divorce.
See FindLaw's Divorce section for a variety of helpful articles and resources.
|Code Section||458 et seq.|
|Residency Requirements||Both parties domiciled or plaintiff was domiciled and defendant was personally served or plaintiff domiciled in state at least 1 yr. before action.|
|Waiting Period||No special provision|
|'No Fault' Grounds for Divorce||Irreconcilable differences; separation (absent 2 yrs.)|
|Other Grounds for Divorce (Fault)||
|Defenses to a Divorce Filing||Common law defenses: condonation, connivance, recrimination (insanity is a factor, but not a defense)|
Note: State laws are always subject to change at any time through judicial action, the enactment of new legislation, and other means. You may want to contact a New Hampshire divorce attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
- New Hampshire Law
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
New Hampshire Divorce Laws: Related Resources
- Understanding the Divorce Process
- New Hampshire Marital Property Laws
- New Hampshire Child Custody Laws
- Divorce Property Division FAQ
Free Case Review from a Divorce Lawyer
As you are moving down the path towards a dissolution from your spouse, you'll want to have as much information about the divorce process in New Hampshire as possible. If you have questions about how divorce can impact custody of your children, spousal support payments, or how to divide marital assets, now is the time to learn more. You can do so by contacting a skilled divorce lawyer today and getting a free case review.