New Hampshire Family Law Guide — Divorce, Custody & Support
Divorce, custody, support, and property division under New Hampshire law — grounds, process, timelines, and what to expect
Family law covers divorce, child custody, child support, property division, and spousal support — and in many cases, several of these issues are decided at the same time. Whether you are filing, responding to a petition, or seeking to modify an existing order, the process moves through a structured series of stages. The decisions you make early — especially around temporary orders and documentation — directly shape the final outcome.
Of all family law matters, divorce is the most common — and typically the most consequential. A divorce case can involve every other area of family law at once: custody, child support, property division, and spousal support. That is why most family law overviews begin here. Even if your situation involves only one of those issues, understanding the divorce framework helps, because the same statutes, standards, and court procedures apply across the board.
Grounds for divorce in New Hampshire §458:7
New Hampshire allows no-fault divorce based on irreconcilable differences which have caused the irremediable breakdown of the marriage §458:7-a. No-fault means neither party must prove the other did something wrong — the marriage has simply broken down. New Hampshire also recognizes fault-based grounds including adultery, extreme cruelty, habitual drunkenness or drug use, and others.
The divorce process — step by step
Contested vs. uncontested divorce
| Uncontested | Contested | |
|---|---|---|
| Definition | Both spouses agree on all issues | Spouses disagree on one or more issues |
| Timeline | Shorter (after waiting period) | Longer |
| Court involvement | Court reviews agreement | Court decides disputed issues |
| Who decides | The spouses, by agreement | The judge, based on evidence and statute §458:7 |
Key areas the court addresses
Child custody §461-A:6
Courts determine parental rights and responsibilities based on the best interests of the child, considering the quality of the child's relationship with each parent, each parent's ability to support the child's relationship with the other parent, and any history of domestic violence.
Child support §458-C:3
New Hampshire uses an percentage-of-income model. Based on the combined adjusted gross income of both parents proportionally allocated.
Property division §458:16-a
New Hampshire follows equitable distribution. The court divides marital property based on what is fair, considering the length of the marriage, each spouse's contributions, and economic circumstances.
Spousal support §458:19-a; §458:19
Courts may order term alimony upon agreement of the parties or, absent agreement, at either party's request in a divorce, legal separation, or annulment case, subject to the statutory formula and duration limits in RSA 458:19-a, III; reimbursement alimony compensates a spouse for economic or non-economic contribution to the financial resources of the payor.
What changes the outcome?
- Quality and completeness of financial documentation
- Timing of filing, responses, and temporary-order requests
- Existing court orders or pending cases
- Whether children are involved (adds custody and support layers)
- Willingness to negotiate versus taking issues to trial
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
- No-fault: irreconcilable differences which have caused the irremediable breakdown of the marriage
- Fault grounds include adultery, extreme cruelty, habitual drunkenness or drug use, willful absence for 2+ years, abandonment and refusal to cohabit for 2+ years
- Based on the combined adjusted gross income of both parents proportionally allocated
- New Hampshire Child Support Guidelines use a percentage of combined income approach