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Same-Sex Divorce in New Hampshire

Legal considerations for same-sex divorce in New Hampshire. Property, custody, and unique challenges. New Hampshire follows equitable distribution.

Property Type

Equitable

Filing Fee

$250–$300

Median Cost

$9,500–$40,000

Annual Divorces

4,500+

Understanding Same-Sex Divorce in New Hampshire

New Hampshire processes approximately 4,500+ divorces annually. Understanding your rights and options specific to New Hampshire is essential before making decisions that will affect your finances and family for years to come.

New Hampshire follows equitable distribution rules for dividing marital assets. The state allows both no-fault and fault-based divorce (fault grounds: Adultery, Extreme cruelty, Felony conviction). Filing fees are $250–$300, with a residency requirement of 12 months.

The median cost ranges from $9,500 for uncontested cases to $40,000 for contested divorces. Under RSA §458:4, courts consider multiple factors when making decisions about property, support, and custody.

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 same-sex 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.