New Hampshire prioritizes joint legal custody, presuming it’s in the child’s best interests for both parents to share decision-making on major issues like education and health. Courts require parents to submit a parenting plan detailing residential responsibility (physical custody) and parenting time; if parents cannot agree, judges decide based on the child’s best interests, considering factors such as each parent’s ability to provide love, guidance, food, shelter, and a safe environment, the child’s adjustment to home/school/community, and sibling relationships. Gender and financial resources do not favor one parent over the other, and mature children’s preferences may receive substantial weight.​
Alimony Decisions
Alimony, or spousal support, is awarded based on need and ability to pay, with courts evaluating factors including the length of the marriage, age and health of parties, income sources, employability, contributions to the marriage (economic and noneconomic), fault, and tax consequences. There is no fixed formula like child support; duration often aligns with marriage length but can be modified if circumstances change substantially.​
Court Decision-Making Process
New Hampshire divorces resolve child custody, alimony, and property through equitable distribution, focusing on fairness rather than equal splits. Judges encourage parental agreements via mediation; absent agreement, they weigh all relevant evidence in hearings, aiming for frequent contact between child and both parents post-divorce. Modifications require a substantial change in circumstances, like relocation, always prioritizing the child’s best interests.
SOURCES
[1](https://www.divorcenet.com/resources/new-hampshire-child-custody.html)
[2](https://www.legalzoom.com/articles/how-to-file-a-divorce-in-new-hampshire)
[3](https://www.womenslaw.org/laws/nh/custody/all)
[4](https://www.brennanlenehan.com/blog/2017/august/divorce-in-new-hampshire-five-common-questions/)
[5](https://www.uptonhatfield.com/blog/2017/august/four-things-you-need-to-know-about-new-hampshire/)
