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 Divorce a Wife That Left the State


Related articles

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.

Texas Divorce Procedures for a Missing Spouse

There are times when a spouse wants a divorce, but the other spouse has either disappeared or moved out of state. The location of the other spouse will not affect a spouse's ability to request a divorce; it simply alters the protocol a bit. State law governs divorce actions. Accordingly, Texas has special procedures for estranged couples seeking a divorce.

How to Get a Divorce If You Are an Inmate in a State Prison in Georgia

Divorce is the legal recognition that your marriage has ended. If you or your spouse is an inmate in a state prison in Georgia, either one of you can still file for divorce. However, to file for divorce in Georgia, you must follow the proper procedure including meeting the state’s residency requirements, filing a divorce complaint with the appropriate court, and serving the other spouse with a copy of the divorce complaint.

Get Divorced Online

Related articles

Do it Yourself Georgia Divorce

Filing for a divorce in Georgia can be expensive if you hire an attorney to assist you. Depending on the complexity of ...

How to File for Divorce in New Jersey

In 2007, the New Jersey legislature took steps to simplify the divorce process, but the state still has a slate of ...

How to File for Divorce in Kansas City, Missouri

Five counties are included in the 319 square miles that make up metropolitan Kansas City, Missouri. State laws govern ...

Can You Obtain a Legal Aid Lawyer for Divorce in New York?

Divorces can be difficult both emotionally and financially, but when you cannot afford legal help, the process may seem ...

Browse by category
Ready to Begin? GET STARTED