New Hampshire Divorce Residency Requirements

 To file for a New Hampshire divorce, one of the requirements must be met:

• Both spouses must be residents of the state when the divorce is filed for, 

• the spouse filing for divorce must have been a resident of New Hampshire for 1 year immediately prior to filing for divorce and the other spouse was personally served with process within the state; or

• the cause of divorce must have arisen in New Hampshire and one of the spouses must be living in New Hampshire when the divorce is filed for.

New Hampshire Divorce Filing Requirements

A New Hampshire divorce may be filed for in a county where either spouse resides.

New Hampshire Divorce Grounds

The grounds for a New Hampshire divorce are:

• irreconcilable differences which have caused the irremediable breakdown of the marriage;

• impotence;

• adultery;

• abandonment and not been heard of for 2 years;

• imprisonment with a sentence of more than 1 year served;

• physical misconduct or reasonable apprehension of physical misconduct;

• desertion without support of spouse by husband for 2 years;

• cruel and inhuman treatment;

• habitual intemperance (drunkenness) for 2 years;

• living separate and apart without cohabitation (wife left without husband's consent for 2 years);

• mental abuse;

• when either spouse has joined a religious society which professes that the relationship of the husband and wife is unlawful and refuses to cohabit with the other for 6 consecutive months;

• when the wife of any citizen of New Hampshire leaves the state without her husband's consent and lives elsewhere for 10 consecutive years without returning to claim her marriage rights; and

• when the wife lives in New Hampshire for 2 years and her husband becomes the citizen of a foreign country without supporting the wife.

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