Facing Divorce, Custody, or a Protective Order in New Hampshire? Get Answers Before You Sign Anything
If you're staring at divorce papers, a parenting petition, or a domestic-violence order in New Hampshire, the rules here are not what you've heard elsewhere, and one wrong move on property or your parenting plan can follow you for years. You don't have to guess. Call 1-844-690-0555 any time, day or night, and get free legal information from an AI assistant trained on New Hampshire and federal law. There's no income test, no web form, and no fee, and if you want a licensed NH attorney afterward we can help you arrange that.
Free legal information. Not legal advice. Available 24/7 across New Hampshire.
Family Law in New Hampshire — what to do right now
Right now, do three things. First, do not sign any property settlement, parenting plan, or stipulation until you understand that New Hampshire treats almost everything either of you owns as divisible marital property. Second, if you have minor children, know you'll have to complete the mandatory Child Impact Program within 45 days of service, so don't ignore court notices. Third, if you're in danger, you can ask any NH Circuit Court for an emergency protective order under RSA 173-B today, with no filing fee. Then call 1-844-690-0555 for free legal information about exactly how these rules apply to you.
The law in New Hampshire: Family Law
Almost every New Hampshire family law matter, including divorce, parenting, child support, and domestic-violence petitions, is filed in the Family Division of the NH Circuit Court, which sits in roughly 34 locations across the state's 10 counties. There is no separate 'divorce court.' Appeals go to the New Hampshire Supreme Court in Concord, the state's only appellate court. You can reach the statewide court information line at 1-855-212-1234, but a recorded line can't tell you how the law applies to your facts. The free call to 1-844-690-0555 can walk you through it in plain English.New Hampshire offers a no-fault divorce under RSA 458:7-a on the ground of irreconcilable differences that have caused an irremediable breakdown of the marriage, and over 90% of NH divorces use it. Fault grounds (adultery, extreme cruelty, two years' habitual drunkenness, and others) still exist under RSA 458:7 but rarely change the outcome. What blindsides people is property: under RSA 458:16-a, NH is an 'all-property' equitable-distribution state. The court presumes an equal 50/50 split is equitable and counts assets you brought into the marriage, inherited, or were gifted, with no automatic 'separate property' shield.
NH no longer uses the word 'custody.' Under RSA 461-A, courts allocate 'parental rights and responsibilities,' meaning decision-making and residential responsibility, based on the child's best interest, and a 2025 change (HB 185) requires written findings when the court rejects roughly equal parenting time. Child support follows the RSA 458-C guideline formula, a percentage of the parents' combined net income, and parents with minor children must complete the four-hour Child Impact Program (RSA 458-D). Alimony under RSA 458:19-a is now formula-driven for cases filed on or after January 1, 2019.
If you've been abused by a family or household member or an intimate partner, RSA 173-B lets you petition the Circuit Court for a protection order with no filing fee. A judge can grant a temporary order the same day, ex parte, if you show an immediate and present danger, and a full hearing is then scheduled within 30 days of filing (or 10 days after the respondent is served, whichever is later). A final order can last up to one year and be extended. These cases move fast, so get free legal information at 1-844-690-0555 before your hearing.
Key Statutes (RSA)
- RSA 458:7-a - no-fault divorce (irreconcilable differences)
- RSA 458:7 - fault grounds for divorce
- RSA 458:16-a - all-property equitable distribution (incl. pets)
- RSA 461-A - parental rights & responsibilities (custody/parenting)
- RSA 458-C - child support guidelines
- RSA 458-D - mandatory Child Impact Program
- RSA 458:19-a / 458:19-aa - term alimony formula & modification
- RSA 173-B - protection from domestic violence
Courts & Agencies
- NH Circuit Court, Family Division - divorce, parenting, support, RSA 173-B orders
- NH Superior Court - 11 locations; jury trials, civil over $25,000
- NH Supreme Court (Concord) - the state's only appellate court
- NH DHHS Division of Child Support Services - support enforcement
- Statewide court information line: 1-855-212-1234
Deadlines & Key Numbers
- Child Impact Program: register within 45 days of service on the respondent
- RSA 173-B final hearing: within 30 days of filing (or 10 days after service)
- Residency (RSA 458:5): 1-year domicile only if the other spouse isn't served in NH
- Equal 50/50 property split is the starting presumption (RSA 458:16-a)
- Term alimony: up to 23% of the income gap, max 50% of the marriage length
The all-property rule that surprises everyone in a NH divorce
If you're divorcing in New Hampshire, forget what you heard in another state about 'separate property.' Under RSA 458:16-a, NH treats virtually every asset either spouse owns as divisible marital property, including what you brought into the marriage, inherited, or received as a gift, and the court starts from a statutory presumption that an equal 50/50 split is equitable. There's no automatic shield. A 2019 amendment (HB 361) also made NH the first New England state to require courts to address the care and ownership of the family pet, weighing the animal's well-being rather than treating it as furniture. These rules can reshape your whole financial picture, so before you agree to anything, call 1-844-690-0555 for free legal information and, if you need it, a licensed NH attorney.
Likely outcomes & penalties
Every NH family case turns on its own facts, but these are the realistic ranges Granite State families see. Use them to ask better questions on your free call, not as a prediction of your result.Mistakes to avoid
How it works
Free & low-cost Family Law help in New Hampshire
If money is tight, New Hampshire has real free and low-cost help for family law. Start with these, then call 1-844-690-0555 any time for immediate, no-cost legal information while you wait for an appointment.
FAQ — Family Law in New Hampshire
Do I need a reason to divorce in New Hampshire?
No. New Hampshire allows a no-fault divorce under RSA 458:7-a based on irreconcilable differences, which over 90% of NH divorces use. Fault grounds like adultery or extreme cruelty exist under RSA 458:7 but rarely change the result. To understand which path fits your situation, call 1-844-690-0555 for free legal information.
Is my inheritance protected in a New Hampshire divorce?
Usually not automatically. Under RSA 458:16-a, NH is an all-property state, so inherited, gifted, and premarital assets are generally part of the marital estate and the court presumes an equal 50/50 split. You can argue for an unequal division, but you have to make the case. Find out how that applies to you at 1-844-690-0555.
How is child support calculated in NH?
New Hampshire uses the RSA 458-C guideline formula, a percentage of the parents' combined net income, roughly 25% for one child and 35% for two at typical income levels, plus a presumptive 4% medical support obligation. Courts can deviate for special circumstances. For a plain-English breakdown of your numbers, call 1-844-690-0555 for free legal information.
What is the Child Impact Program and do I have to take it?
Yes, if you have minor children. RSA 458-D requires divorcing or separating parents to complete a four-hour Child Impact Program, and you generally must register within 45 days of service. There's a modest provider fee with reductions available. Missing it can delay your case. Call 1-844-690-0555 to understand the deadline and what to do.
Does New Hampshire still use the word 'custody'?
No. Under RSA 461-A, NH replaced 'custody' with 'parental rights and responsibilities,' covering decision-making and residential responsibility decided on the child's best interest. A 2025 change requires written court findings when roughly equal parenting time is rejected. To learn how courts weigh your situation, get free legal information at 1-844-690-0555.
How long does alimony last in New Hampshire?
For divorces filed on or after January 1, 2019, term alimony under RSA 458:19-a is generally the lesser of the recipient's reasonable need or about 23% of the difference in the spouses' gross incomes, and it lasts up to 50% of the length of the marriage unless the court adjusts it. Call 1-844-690-0555 for free legal information about your likely range.
How do I get a protective order in New Hampshire?
You can petition any NH Circuit Court under RSA 173-B with no filing fee. If you show immediate and present danger, a judge can issue a temporary order the same day without the other person present, and a full hearing follows within about 30 days. A final order can last up to a year. Before your hearing, call 1-844-690-0555 for free legal information.
How long do I have to live in NH before I can file for divorce?
It depends. Under RSA 458:5, if both spouses live in NH, or if the other spouse can be served in NH, you can usually file with no waiting period. A one-year domicile requirement applies only when you live in NH but your spouse can't be served here. Call 1-844-690-0555 to confirm whether you can file now.
What happens to the family pet in a NH divorce?
New Hampshire was the first New England state to require courts to address pets specifically. Under a 2019 amendment to RSA 458:16-a, the property settlement must address the care and ownership of your animals, taking their well-being into account, rather than treating them like furniture. For help framing this in your case, call 1-844-690-0555 for free legal information.
Will I have to go to court, or can we settle?
Most NH divorces settle by agreement filed in the Circuit Court Family Division, and contested issues are heard there too; only Superior Court hears civil jury trials, which family cases don't get. A well-drafted agreement avoids a judge deciding for you. To understand your options, call 1-844-690-0555 for free legal information.
Is this the same as hiring a lawyer?
No. Legal Hotline is not a law firm and not a public defender, and the call gives you legal information, not legal advice. It creates no attorney-client relationship. If you decide you want representation, we can help you book a paid consultation with a New Hampshire-licensed family law attorney. Start by calling 1-844-690-0555, free and 24/7.
Are you a New Hampshire family law attorney?
We connect Granite Staters facing divorce, custody, support, and protective-order matters with licensed local counsel. If you're a NH-licensed family law attorney who wants vetted, ready-to-talk client referrals, you can join our network. This is for attorneys only; if you need legal help yourself, call 1-844-690-0555.
General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.
Don't sign, agree, or skip a hearing until you know NH law
New Hampshire's all-property rule, parenting requirements, and fast-moving protective-order deadlines can reshape your finances and your time with your kids before you realize it. Get clear, free legal information first. Call 1-844-690-0555 now, any time, day or night. No income test, no web form, no attorney-client relationship, just answers about your New Hampshire family law situation, and a path to a licensed NH attorney if you want one.
Free legal information. Not legal advice.