Family · Updated Oct 2026 · New Hampshire

Getting a divorce in New Hampshire: what to do

Divorce is filed in your state's family or civil court. You must meet your state's residency rule, and many states make you wait a set time before the divorce can be final. If you and your spouse agree on property, debts, support and the children, it is usually faster and cheaper; if you don't, the court decides.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case.

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Your plan for New Hampshire

Do now

  1. If you answered “Yes” to “Are you afraid your spouse may hurt you or the children?”

    If you are in danger, call 911. For safety planning, call the National Domestic Violence Hotline at 1-800-799-7233 or text START to 88788.

    Why: Leaving or announcing a divorce can be the most dangerous time in an abusive relationship.

  2. If you answered “Yes” to “Are you afraid your spouse may hurt you or the children?”

    Before you tell your spouse or file, make a safety plan with an advocate, keep copies of important papers somewhere your spouse can't reach, and ask the court about a protective order.

    Why: A protective order can be asked for separately and quickly, and it can cover the children.

  3. Check that you meet your state's residency rule before you file.

    Why: If neither spouse meets it, the court can dismiss your case.

  4. Make copies of important papers: tax returns, pay stubs, bank, retirement and credit card statements, deeds, car titles, loan papers, and insurance policies. Keep them somewhere safe.

    Why: Property and support are decided from these records, and they can be harder to get later.

  5. Do not hide, move or spend large amounts of joint money, and do not take the children out of state without agreement or a court order.

    Why: Courts can punish this, and many states put automatic orders in place once the case is filed.

This week

  1. Get your state's divorce forms from the court's self-help website or the clerk. Many states have simpler forms for uncontested divorces.

    Why: Using the official forms avoids rejected filings.

  2. Write down your assets, debts, monthly income and expenses. Most states require a financial disclosure from both spouses.

    Why: You will need this for the property split and any support.

  3. If you answered “Yes, mostly” to “Do you and your spouse agree on the main issues (property, debts, children, support)?”

    Try to agree in writing on property, debts, support and a parenting plan. Ask the court about free or low-cost mediation.

    Why: An agreement is usually faster and cheaper than a trial.

  4. If you answered “Yes” to “Do you have children under 18 together?”

    Estimate child support with your state's official calculator, and look for a parenting class requirement.

    Why: Child support follows state guidelines, and some courts won't finish the divorce until the class is done.

  5. File the petition (also called a complaint) with the clerk, pay the fee or ask for a fee waiver, and have your spouse served the way your state allows.

    Why: The waiting period in many states starts at filing or at service.

If it's not resolved

  1. If your spouse does not respond by the deadline, ask the court about a default judgment.

    Why: The case can go ahead without them if they were properly served.

  2. If you answered “No” to “Do you and your spouse agree on the main issues (property, debts, children, support)?”

    If you can't agree, get legal advice before the first hearing and ask for temporary orders (custody, support, who stays in the home) if needed.

    Why: Temporary orders set the rules while the case is open.

  3. After the decree, follow up: change names on accounts, retitle cars and the house, split retirement accounts with the right court order, update beneficiaries and your will.

    Why: The decree alone does not change titles or beneficiary forms.

Deadlines

How long you must live in the state before filing

General rule: see state; if no rule is shown, ask the court clerk or self-help center

Check your state. We don't have a checked value for New Hampshire here. Check the official source before you rely on a date:

We could not confirm this rule from an official source. Ask the court clerk or your court's self-help center.

Official source: New Hampshire

Waiting period before the divorce can be final

General rule: see state (not every state has one); if none is shown, ask the court clerk

Check your state. We don't have a checked value for New Hampshire here. Check the official source before you rely on a date:

Official source

Your spouse's deadline to answer

General rule: printed on the summons; it varies by state

Key facts for New Hampshire

RobinClaim

How property is divided
Equitable distribution (not a community property state): the court divides marital property in a way it finds fair, which is not always 50/50. Law: IRS Pub. 555 (list of community property states) · Official source

checked Oct 2026

Documents to gather

  • Marriage certificate
  • Children's birth certificates
  • Last 3 years of tax returns
  • Recent pay stubs for both spouses
  • Bank, retirement and credit card statements
  • Mortgage, lease, deeds and car titles
  • Loan and debt statements
  • Health and life insurance policies
  • Any prenuptial or postnuptial agreement
  • Any protective order or police reports

Where to go

Costs

Filing fees are set by each state and county and are often a few hundred dollars; serving papers costs extra. If you can't afford them, ask the clerk for a fee waiver form. An uncontested divorce with official forms is usually the cheapest route; contested cases with lawyers cost far more.

Talk to a lawyer if

  • Your spouse has a lawyer
  • There is abuse or you are afraid of your spouse
  • You disagree about custody
  • There is a business, pension, real estate or large debts to divide
  • You think your spouse is hiding money
  • Your spouse plans to move the children to another state or country
  • You are not a U.S. citizen and your immigration status depends on the marriage

Free help

Free legal aid for people with low income: find your local office through the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/i-need-legal-help), LawHelp.org (lawhelp.org) or USA.gov (usa.gov/legal-aid). Most state courts run a free self-help center (often called Family Law Facilitator or Self-Help Center) at the courthouse or online; ask the court clerk. Many state bar associations run a lawyer referral service with low-cost first consultations.

Guides for your state

Guides for every state

Questions

What is the your spouse's deadline to answer?

printed on the summons; it varies by state

When should I talk to a lawyer?

Your spouse has a lawyer; There is abuse or you are afraid of your spouse; You disagree about custody; There is a business, pension, real estate or large debts to divide; You think your spouse is hiding money; Your spouse plans to move the children to another state or country; You are not a U.S. citizen and your immigration status depends on the marriage.

How much does it cost?

Filing fees are set by each state and county and are often a few hundred dollars; serving papers costs extra. If you can't afford them, ask the clerk for a fee waiver form. An uncontested divorce with official forms is usually the cheapest route; contested cases with lawyers cost far more.

Plans by state

Open the plan with one state's rules filled in:

Sources

Plan checked Oct 2026. Independently fact-checked 2026-10-24. Some details could not be fully verified; see the notes in each section.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.