Guide to Divorce for Men in New Hampshire

By Jeff Franco J.D./M.A./M.B.A.

If you are seeking a divorce from your wife in New Hampshire, you must satisfy a number of legal requirements before a court will dissolve your marriage. To avoid any time-consuming and costly delays, it’s wise to familiarize yourself with some of the New Hampshire divorce laws before filing your petition.

New Hampshire Jurisdiction

Before starting any divorce action, the first thing you should do is evaluate whether New Hampshire is the appropriate jurisdiction. A New Hampshire court can dissolve your marriage if you and your wife both live within the state at the time you file the divorce petition. If your wife currently lives outside the state, you can still file for divorce in New Hampshire if you’ve resided there for at least one year. However, if you’ve been living in New Hampshire for less than one year, the only other way you can file for divorce there is if your wife can be served with the divorce petition in New Hampshire—meaning that she is physically present in the state.

Grounds for Divorce

New Hampshire recognizes a number of legal grounds for which you can file for divorce from your wife. You have grounds for divorce if your wife is unable to engage in sexual relations with you; if she has committed adultery; if she engages in behavior that is extremely cruel or dangerous to your health; if she has been in prison for more than one year; if she refuses to share a home or abandons you for at least two years; if she becomes a member of a cult or religious group that views marriage as an unlawful activity; or if she suffers from alcoholism for at least two years of your marriage. However, New Hampshire will also allow you to divorce your wife when you have irreconcilable differences.

Divorce is never easy, but we can help. Learn More

Filing Divorce Petition

There are two types of divorce petitions that New Hampshire allows you to file to commence divorce proceedings. If your wife agrees to the divorce and doesn’t contest it, you should file a joint petition for divorce. However, if your wife is unaware that you are filing for divorce or advises you that she will be contesting it, you need to file a regular divorce petition. If you have children together, be sure that you attend the four-hour seminar on how a divorce affects children, which is required in all New Hampshire divorce actions involving children.

Where to File

Sometimes figuring out at which courthouse to file your petition can be more confusing than filling out the petition itself. If you live in Cheshire or Southern Hillsborough County, you need to file your petition in the Cheshire Superior Court or the Hillsborough Superior Court South. For all other counties of residence, you will file the divorce petition in your local circuit court.

Divorce is never easy, but we can help. Learn More
How to Get a Divorce If You Are an Inmate in a State Prison in Georgia


Related articles

How to Divorce a Wife That Left the State

When a wife has left the state, it is still possible to file for divorce. Often, a couple may file for divorce in either spouse's state of residence. That said, most states have length of residency requirements, so if your wife recently moved, you may need to file for divorce in your home state. Further, although you may have the choice of where to file for divorce, consider logistical factors when choosing a jurisdiction. For example, choosing your wife’s state of residence may be costly and inconvenient in contested cases where the court will need to hold a trial.

How to File for a Divorce in Maryland When One Party Is out of State

Filing for divorce when your spouse is out of state depends on two factors. You must have legal residence in the state where you're filing, and you must be able to serve your spouse with a copy of your divorce papers. Maryland is one of the more lenient states for service of process of divorce papers if your spouse lives elsewhere.

How to Write a Divorce Complaint in Tennessee

The process of filing for divorce in Tennessee begins when you file a divorce complaint, also known as a petition for divorce. Like all states, Tennessee provides for no-fault divorce, meaning that neither party has to show the other was at fault to obtain a divorce. If you and your spouse can agree on the terms of your divorce, you can file for an uncontested, no-fault divorce. Your local court can provide all the divorce forms you'll need. You can also use an online legal documentation service to prepare and file all of your divorce paperwork.

Get Divorced Online

Related articles

How to File a Motion for Divorce if a Spouse Is Stalling

If you want a divorce, but your spouse is stalling, you can still get a divorce. All 50 states now offer a no-fault ...

Time That it Takes to Finalize a Divorce in New Jersey

Filing for divorce can be a stressful and emotional process. Therefore, knowing how long you can expect your divorce ...

How to Get a No Fault Divorce in Arkansas

In Arkansas, you do not need to place blame on either spouse in order to seek a divorce. Instead, the courts will ...

How to File for a Divorce If Your Spouse Is An Inmate in New York State

The Domestic Relations Laws of New York State permit either spouse to file for a divorce even if one is an inmate in ...

Browse by category
Ready to Begin? GET STARTED