Can you get a divorce in New Hampshire if you just moved there?

On Behalf of | Jul 8, 2024 | Divorce |

Getting divorced rarely comes at a convenient time. If you recently moved to New Hampshire, you might wonder if you can file for divorce in the state. The answer depends on how long you’ve lived there. New Hampshire has specific residency requirements before a court can handle your divorce case.

Living in the Granite state

The simplest situation is if both you and your spouse live in New Hampshire when you file for divorce. This establishes clear jurisdiction, meaning the New Hampshire court system has the authority to hear your case.

Residency for one spouse

Things get a bit more complex if only one of you lives in New Hampshire. In this scenario, the spouse filing for divorce (known as the petitioner) must have lived in the state for at least one year before filing. This residency requirement ensures a connection to the state and helps determine which court has the appropriate authority.

There’s an additional wrinkle. If you haven’t lived in New Hampshire for a full year, you may still be able to file for divorce there as long as your spouse can be served with divorce papers within the state. This means they receive official notification of the divorce proceedings.

Consulting with an attorney

New Hampshire divorce law can involve complexities beyond residency requirements. Dividing assets, child custody arrangements and spousal support are all important aspects of a divorce that benefit from legal guidance.

While residency requirements are an important first step, understanding the entire divorce process in New Hampshire can be beneficial. Remember, navigating a divorce can be emotionally challenging, so don’t hesitate to seek support from friends, family, or qualified professionals during this time.

FindLaw Network