Process

Contested Divorce in New Hampshire

What to expect from a contested divorce in New Hampshire. Timeline, costs, and strategies. New Hampshire follows equitable distribution.

Property Type

Equitable

Filing Fee

$250–$300

Median Cost

$9,500–$40,000

Annual Divorces

4,500+

Understanding Contested Divorce in New Hampshire

To file for divorce in New Hampshire, you must meet New Hampshire’s residency requirement of 12 months. The filing fee is $250–$300. There is no mandatory waiting period, which can expedite uncontested cases.

New Hampshire allows both no-fault and fault-based divorce. Fault grounds include: Adultery, Extreme cruelty, Felony conviction, Habitual drunkenness, Abandonment. Filing on fault grounds may affect property division or alimony awards.

An uncontested divorce in New Hampshire typically costs $9,500 and takes 2–4 months. Contested cases average $40,000 and can take 12–18 months or longer. The governing statute is RSA §458:4.

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Common Questions

How long do you have to live in New Hampshire to file for divorce?
New Hampshire requires 12 months of residency before you can file for divorce. RSA §458:4 governs the filing requirements.
Is New Hampshire a community property or equitable distribution state?
New Hampshire follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in New Hampshire?
Filing fees in New Hampshire range from $250–$300. The median total cost is approximately $9,500 for uncontested divorces and $40,000 for contested cases.
How long does a divorce take in New Hampshire?
New Hampshire has a mandatory waiting period of no mandatory waiting period. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in New Hampshire?
New Hampshire uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about contested divorce in New Hampshire and is not legal advice. Verify current statutes with RSA §458:4 or consult a licensed New Hampshire attorney. Last reviewed March 2026.