Divorce is one of the most delicate areas of the law. Even the least complicated, most amicable divorce case involves complex legal processes that require the assistance of an experienced divorce attorney in New Hampshire. Additionally, attorneys must offer more than legal advice. We understand that the decisions made during your divorce case will inform the outlook of the rest of your life.
Upton & Hatfield, LLP has provided legal assistance to people throughout New Hampshire for over 100 years, and can use our experience to provide you with guidance and support throughout your case. Contact us today to discuss your needs with our divorce lawyers in New Hampshire.
At Upton & Hatfield, LLP, our New Hampshire divorce attorneys support clients through the entire divorce process. Divorce litigation extends well beyond the initial filing. Each case is unique, and some involve complex disputes that may require mediation or litigation to resolve.
Divorce in New Hampshire often involves careful negotiation, detailed review of financial circumstances, and special attention when children or significant property are involved. Our team offers support with parenting plans, child support calculations, and navigation of the local family court system. People in Concord, Portsmouth, and surrounding communities trust our familiarity with both statewide laws and county-specific practices.
We guide clients through all aspects of divorce in New Hampshire, including property division, child-related matters, and post-divorce modifications, so families can move forward with confidence.
How Do I File for Divorce?
The process of filing for divorce differs in every state. To file for divorce in New Hampshire, a couple or individual submits a petition expressing the desire to dissolve the marriage. If one spouse files without the other, the non-filing spouse receives the petition and guidance about upcoming steps. The initial filing goes forward even if spouses disagree about property, child custody, or other matters. The court addresses these issues as the case progresses.
When preparing to file in New Hampshire, gather documents such as your marriage certificate, financial records, and any information related to children or property. Submit the correct paperwork with the family division courthouse in your local county, such as in Concord or Portsmouth. Careful preparation and complete documentation can help avoid court delays or requests for additional information.
After filing for divorce, each spouse provides financial information and details about themselves and the marriage. Couples with minor children submit additional forms about their parenting plan and family details. If the spouses cannot agree on property, custody, or support, they may need to participate in mediation or attend court hearings.
Divorce vs. Legal Separation
In some cases, legal separation may suit a couple’s needs better than divorce. Legal separation does not dissolve the marriage but allows couples to live apart while resolving financial issues and parenting arrangements. Establishing a legal separation in New Hampshire involves an official court process and, at times, further litigation.
Some families in New Hampshire choose legal separation to address finances or parenting without ending their marriage. Couples may prefer legal separation for personal, religious, or practical reasons. New Hampshire courts issue separation agreements with orders about property, custody, and support—similar to divorce decrees.
Your family’s goals and personal situation will guide your decision between separation and divorce.
Contested vs. Uncontested Divorce
Many people in New Hampshire complete a divorce through an uncontested process, in which both spouses agree on all major issues—property, child custody, and support. When parties cannot agree, the divorce becomes contested and may require court hearings or additional mediation.
Uncontested divorces move forward more quickly, usually with fewer hearings and less paperwork, though the court still reviews every agreement before approval. In a contested divorce, the judge takes a direct role in reviewing evidence and issuing decisions. This process can take longer and include more legal steps.
How Property Division Works in New Hampshire
Dividing marital property in New Hampshire requires a careful review of assets, debts, and each spouse's financial interests. State law requires an equitable distribution, which does not always mean a 50-50 split. Courts consider several factors, including the length of the marriage, the age and health of each party, and each spouse’s contributions to acquiring assets. Marital property includes real estate, retirement accounts, financial investments, and property acquired during the marriage.
Local courts may review how property or debts were managed in households across communities like Concord or Peterborough. If one spouse received a family inheritance or gifts, the court often treats those differently from jointly owned assets. Our role is to help clients organize documentation, identify priorities, and understand their rights under New Hampshire’s equitable distribution laws. Our team’s long-standing roots in the state equip us to guide families through these issues with attention to fairness and future stability.
New Hampshire Divorce FAQ:
Is New Hampshire a No-Fault Divorce State?
Yes, New Hampshire is a no-fault divorce state. This means couples do not need to cite a specific reason for dissolving their marriage. Marriages in no-fault divorce states may end based on “irreconcilable differences,” which means spouses reach disagreements they cannot resolve. No-fault divorces are often less complicated than fault-based divorces.
However, divorcing spouses in New Hampshire can also file with a specific reason. The court accepts fault-based grounds, including:
Infidelity
Abandonment
Addiction
Criminal activity
Abuse
Cruelty
The court may accept other reasons not listed above. Fault-based cases often involve complex issues and may impact property division or child custody decisions.
How Long Does it Take to Get a Divorce in New Hampshire?
New Hampshire court proceedings that result in a divorce decree usually take one to two months. However, complex disagreements over assets or parenting arrangements may extend the timeline, especially in contested cases.
Does New Hampshire Have Residency Requirements for Divorce?
Yes. For New Hampshire courts to have jurisdiction, both spouses must live in New Hampshire at the time of filing. The person filing for divorce must have resided in New Hampshire for at least one year prior to filing.
Contact Us to Schedule a Consultation
Our team understands the legal and emotional complexities of divorce cases. We are prepared to guide you through the legal processes of your divorce case while providing support at every step.
