Divorce Residency Requirements in New Hampshire: Who Can File and Where
New Hampshire has three jurisdiction bases: both spouses domiciled, the defendant served in the state, or one year of the plaintiff’s domicile. The petition is filed in the county where either spouse lives.
What residence does a New Hampshire divorce require?
Jurisdiction of the parties exists in three cases: where both parties were domiciled in the state when the action was commenced; where the plaintiff was domiciled and the defendant was personally served with process within the state; and where the plaintiff was domiciled in the state for one year next preceding the action (RSA 458:5). The New Hampshire divorce timeline calculator has a button for each.
Can a non-domiciled spouse respond in New Hampshire?
Yes. Where the domiciled plaintiff has filed a petition, the non-domiciled defendant may have affirmative relief upon filing a cross petition (458:5).
Does the cause have to arise in New Hampshire?
Jurisdiction of the cause for divorce exists when it wholly arose or accrued while the plaintiff was domiciled in the state, and not otherwise (458:6). Ask a licensed New Hampshire attorney how that applies if the breakdown began while you lived elsewhere.
Where do you file for divorce in New Hampshire?
In the county in which either party lives (458:9). The statute text says before the superior court; ask the clerk of your county which court takes a divorce petition today.
How is the other spouse served in New Hampshire?
On an individual petition the court issues orders of notice. Within the state, service is by a sheriff, in hand or at the abode, within 25 days of receiving the orders, or by certified mail, return receipt requested, restricted delivery, mailed within 7 days; outside the state, by an officer authorized there or by certified mail; the court can also send notice allowing the respondent 10 days to accept service at the court (458:9). A joint petition needs no service.
What if I do not know where my spouse is in New Hampshire?
The petition states the respondent’s last known address and a relative or friend, verified by affidavit, and service is ordered by publication in a newspaper, completed at least 15 days before the return date, and by certified mail as the court orders; publication may be waived for good cause (458:9, III).
Does it matter which spouse files first in New Hampshire?
It can: a non-domiciled defendant may seek affirmative relief by a cross petition once a domiciled plaintiff has filed (458:5), and the plaintiff’s domicile decides the basis. See the New Hampshire alimony calculator for how support questions follow.
What proof of domicile should I keep in New Hampshire?
A lease or deed, a New Hampshire driver license, voter registration and work and tax records that show when your New Hampshire home began and that you intended to stay.
Does the petition have to be filed in the county where I lived longest in New Hampshire?
No. It is brought in the county in which either party lives (458:9), so use the county where you or your spouse lives now.
How do the one year and filing fit together in New Hampshire?
They only matter on the third basis. For example, a plaintiff who became domiciled in New Hampshire on March 1 and whose spouse lives elsewhere and is not served in the state completes one year the next March 1. On the first two bases the plaintiff can file at once.
Frequently asked questions
How long must I live in New Hampshire to file for divorce?
One year of domicile if only you are domiciled; no minimum if both are, or your spouse is served in the state.
Do both spouses have to live in New Hampshire to divorce there?
No. One domiciled plaintiff with one of the three bases is enough.
Where do I file for divorce in New Hampshire?
In the county where either of you lives.
How is a New Hampshire divorce petition served?
By sheriff or certified mail, restricted delivery, or by the other spouse accepting service at the court; a joint petition needs no service.
Does New Hampshire residency decide custody jurisdiction?
No. Custody has its own jurisdiction rules and follows the child’s best interests.
Official sources
- RSA 458:5: jurisdiction over parties
- RSA 458:6: jurisdiction over cause of action
- RSA 458:7: absolute divorce, generally
- RSA 458:7-a: irreconcilable differences
- RSA 458:9: venue; notice
- RSA 458:16-a: property settlement
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited New Hampshire statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed New Hampshire attorney.