Divorce in New Hampshire

New Hampshire is nicknamed The Granite State, and here divorce is referred to as Absolute Divorce.

A judge will grant you a divorce if:

  • You’ve lived in New Hampshire for one year before filing for divorce
  • You live in NH, and your spouse is personally served with paperwork while in the state, or
  • Both of you live in New Hampshire when the divorce case starts1

New Hampshire allows no-fault divorces, which means a divorce can be granted without establishing the fault of either spouse. A no-fault divorce in New Hampshire recognizes one reason for the divorce, which is the “irretrievable breakdown of the marriage.” NH is also a fault divorce state allowing fault-based grounds for divorce including impotence, adultery, extreme cruelty, habitual drunkenness, conviction with imprisonment for over a year, desertion, joining of religious sects that ban marriages, and endangerment to your health.2

New Hampshire is an equitable distribution property state, and only property acquired during the marriage is subject to division. The courts will attempt to divide marital property fairly and equitably while looking at factors such as economic misconduct, non-monetary contributions, and contributions to a partner’s education.3

1NH ST § 458:5

2NH ST § 458:7

3NH ST § 458:16-A