New Hampshire Family Laws

Either both parties must be domiciled in New Hampshire when the action is filed, or the plaintiff must have been domiciled in the state for at least one year prior to filing.

A divorce may be granted on the ground of irreconcilable differences that have caused the irremediable breakdown of the marriage, regardless of the fault of either party. This is the most common ground for divorce in New Hampshire.

The court presumes equal division is equitable but may adjust based on factors including: each spouse's age, health, income, occupation, employability, liabilities, opportunity for future income, the contribution of each spouse, and tax consequences. All tangible and intangible property is subject to division, including vested and non-vested retirement benefits.

Courts consider factors including: the relationship of the child with each parent, each parent's ability to provide for the child's needs, the child's adjustment to home, school, and community, the child's developmental needs, and any history of abuse. Both parents submit a parenting plan as required by the court.

New Hampshire considers the length of the marriage, age, health, income, and employability of each party, and the standard of living during the marriage. Term alimony amount is presumptively the lesser of the payee's reasonable need or 23% of the difference in gross incomes. Duration is presumptively capped at 50% of the marriage length.

New Hampshire uses a percentage-of-income model based on combined net income and number of children. Child support continues until age 18, or until the child graduates high school or 2 months after turning 19, whichever comes first.

Victims of domestic violence can petition for protective orders requiring the abuser to vacate the home, stay away, and surrender firearms. Emergency temporary orders can be granted ex parte. Violations are criminal offenses.