New Hampshire Family Law FAQ
How does the divorce process work in New Hampshire?
A divorce begins when one spouse files a Petition for Divorce. After service, both parties exchange financial information, address parenting and property issues, and may participate in mediation before a final hearing. Every case is different, and experienced legal guidance can help protect your rights throughout the process.
How long does a divorce take?
Uncontested divorces may be completed in a few months, while contested matters involving children, significant assets, or business interests often take longer.
How much does a divorce cost?
Costs depend on the complexity of the issues, the level of conflict, and whether the case settles or proceeds to trial.
Can I get divorced if my spouse refuses to sign?
Yes. One spouse cannot prevent a divorce simply by refusing to participate if legal procedures are followed.
Do I have to prove fault?
No. Most divorces in New Hampshire are filed on the no-fault ground of irreconcilable differences, meaning neither spouse must prove that the other did something wrong to obtain a divorce.
However, New Hampshire also recognizes fault-based grounds for divorce under RSA 458, including adultery, extreme cruelty, habitual intoxication, certain criminal convictions, and other statutory grounds. Whether pursuing a fault-based divorce offers a legal or strategic advantage depends on the specific facts of your case. An experienced family law attorney can help you determine which approach is most appropriate for your circumstances.
Should I hire a divorce attorney?
While not required, an attorney can help protect your rights, avoid costly mistakes, and advocate for your interests.
Parenting Rights & Responsibilities
How are parenting rights decided?
Courts decide parenting matters based on the child's best interests, considering numerous statutory factors.
Does New Hampshire favor mothers over fathers?
No. The law does not favor either parent based on gender.
Can parenting orders be modified?
Yes, when there has been a substantial change in circumstances affecting the child's best interests.
What happens if the other parent violates the parenting plan?
You may ask the court to enforce the order and request appropriate remedies.
Child Support
How is child support calculated?
Child support is generally calculated using the New Hampshire Child Support Guidelines.
Can child support be modified?
Yes, if legal requirements for modification are met.
What happens if child support is not paid?
The court may enforce support through contempt proceedings and other remedies.
Alimony
What is alimony?
Alimony is financial support one spouse may be ordered to pay another after separation or divorce.
Can alimony be modified?
Often yes, if there has been a substantial change in circumstances.
Property Division
Is New Hampshire a community property state?
No. New Hampshire follows equitable distribution.
What property is divided?
Most property owned by either spouse may be considered in an equitable division.
What happens to the marital home?
The court may order it sold, award it to one spouse, or approve another equitable solution.
Domestic Violence
What is a protective order?
A protective order is a court order intended to protect victims of domestic abuse.
Can a protective order affect parenting?
Yes. Parenting arrangements may be affected when necessary to protect a child or other protected person.
Court Procedures
Is mediation required?
Many family law cases require mediation before a final hearing.
What are temporary orders?
Temporary orders address issues while the case is pending.
Prenuptial Agreements
Are prenuptial agreements enforceable?
Generally yes, when properly drafted and executed in accordance with New Hampshire law.
After Divorce
What if my former spouse violates the divorce decree?
You may ask the court to enforce the existing order.
Can I appeal a Family Division decision?
In appropriate circumstances, yes, subject to appellate rules and deadlines.
Choosing an Attorney
When should I contact a family law attorney?
As early as possible so you understand your rights and options before making important decisions.
Why choose MacDonald Law, P.C.?
Our team provides strategic, practical representation tailored to each client's goals while guiding families through difficult legal matters.
Contact MacDonald Law, P.C.
If you have questions about your specific situation, schedule a consultation to discuss your options with an experienced New Hampshire family law attorney.