New Hampshire Uncontested vs Contested Divorce

Filing for divorce in New Hampshire? Your case will be either uncontested (you and your spouse agree on everything) or contested (disputes remain on major issues). New Hampshire has no mandatory waiting period, and couples who file jointly can often finalize in just 8-12 weeks. Choosing the right approach can dramatically impact your divorce costs and timeline.

New Hampshire recognizes irreconcilable differences as the primary no-fault ground for divorce. You don't need to prove wrongdoing—simply that the marriage has irretrievably broken down.

Quick Comparison: Uncontested vs Contested

What is an Uncontested Divorce in New Hampshire?

An uncontested divorce means you and your spouse agree on all major issues including property division, debts, spousal support, and (if applicable) child custody and parenting time. The Joint Petition for Divorce is the fastest path—it avoids formal service entirely and allows many couples to finalize without a live hearing.

Joint Petition Advantage

Filing jointly means neither spouse needs to serve the other with papers. You submit your agreement, financial affidavits, and proposed final decree together. If the judge approves everything on paper, you may never need to appear in court.

Mandatory Financial Disclosure

New Hampshire requires both spouses to exchange financial documents within 45 days after filing or service. This includes tax returns, pay stubs, bank statements, and retirement account information. A Financial Affidavit must be filed with the court.

What is a Contested Divorce?

A contested divorce occurs when you and your spouse disagree on one or more major issues such as child custody, parenting time, property division, or spousal support. One spouse files individually and must serve the other, who then has 15 days to file an Appearance.

In cases with minor children, the court holds a First Appearance within 30 days after service. Both parents must complete the 4-hour Child Impact Program within 45 days. Mediation is required unless safety concerns apply.

Cost Comparison

Uncontested Divorce Costs

• Filing fee: $225
• Parental rights fee: $2 (if children involved)
• Vital Statistics certificate: $10
• Child Impact Program: $85 per parent (if children)
• Total filing (no children): $235
• Total filing (with children): $407 (both parents)
• Attorney (optional): $1,500-$3,000 flat fee

Contested Divorce Costs

• Filing fees: $237+ plus motion fees
• Court-connected mediation: $450 per case (typically split)
• Attorney fees: $10,000-$20,000+ depending on complexity
• Guardian ad litem: Varies if custody is disputed
• Total average: $10,000-$20,000+ per spouse

Calculate Your Estimated Divorce Costs

Use our free calculator to estimate your total New Hampshire divorce costs based on whether your case is uncontested or contested.

Timeline Comparison

Uncontested: New Hampshire has no mandatory waiting period. Joint petitions with complete paperwork often finalize in 8-12 weeks, depending on the court's docket. For more details, see our New Hampshire divorce timeline guide.

Contested: Expect 8-14 months or longer. The process includes temporary orders, mandatory disclosures, mediation, discovery, and potentially a trial. Complex custody or business valuation cases can extend beyond a year.

Unique New Hampshire Rules

Flexible residency: You can file immediately if both spouses are domiciled in NH, or if you're domiciled in NH and your spouse can be personally served in the state. Only if your spouse cannot be served in NH do you need one year of NH residency.

Equitable distribution: New Hampshire presumes equal division of marital property unless the court finds another division is more equitable after considering statutory factors.

Alimony caps: Term alimony is generally capped at 50% of the length of the marriage and typically ends when the payor reaches full retirement age.

Frequently Asked Questions

What grounds does New Hampshire recognize?

No-fault (irreconcilable differences) is most common. Fault grounds include adultery, extreme cruelty, abandonment for 2 years, habitual drunkenness, and others.

Is mediation required?

Yes, in divorces with minor children, unless safety concerns or other statutory exceptions apply. In cases without children, mediation may be ordered or chosen voluntarily.

Do I need to attend court?

Not always. Many uncontested joint petitions are approved on paper without any court appearance. Contested cases require multiple hearings.

Make the Right Choice

The key difference between uncontested and contested divorce is agreement. If you and your spouse can resolve all issues cooperatively, you'll save thousands of dollars and finish in just a few months. New Hampshire's joint petition process makes agreed divorces particularly efficient. For step-by-step guidance, see our New Hampshire divorce filing checklist.