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Divorce Residency Requirements in New Hampshire

In New Hampshire, there is no waiting period if both spouses are domiciled in the state (or the plaintiff is domiciled and the other spouse is served there); otherwise the plaintiff must have been domiciled there for 1 year; the no-fault ground is irreconcilable differences.

Last checked . General information, not legal advice.

New Hampshire at a glance

State residency
None if both domiciled; otherwise 1 year
Also no period if the plaintiff is domiciled in NH and the defendant is personally served in the state.
County residency
No county period; county where either spouse lives
No-fault ground
Irreconcilable differences
The differences must have caused the irremediable breakdown of the marriage.

Sources

Last checked

The rules in New Hampshire

How long must you live in New Hampshire before filing for divorce?

State residency in New Hampshire: None if both domiciled; otherwise 1 year. Also no period if the plaintiff is domiciled in NH and the defendant is personally served in the state.

Is there a county residency requirement for divorce in New Hampshire?

County residency in New Hampshire: No county period; county where either spouse lives.

What is the no-fault ground for divorce in New Hampshire?

No-fault ground in New Hampshire: Irreconcilable differences. The differences must have caused the irremediable breakdown of the marriage.

Where do the New Hampshire divorce residency requirements come from?

The rules above come from RSA 458:5, RSA 458:7-a and RSA 458:9. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Residency is about where a spouse actually lives and intends to stay, not just a mailing address. Courts may look at a driver's license, voter registration, a lease or deed, tax filings and employment records. Keeping copies of these documents can help if residency is questioned.

Meeting the residency requirement is separate from any waiting period after filing. Some states also require a period of separation before a no-fault divorce, or a cooling-off period before the final decree. Checking all of these timelines together gives a more realistic picture of when a divorce can be finalized.

Military members and their spouses often have special residency rules based on where they are stationed. If the spouses live in different states, more than one court may be able to hear the divorce, and the choice can affect issues like property division and support. A local family law attorney can confirm where to file.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.