When is the Best Time to Get Divorced in New Hampshire? Timing Your Divorce for Success

Divorce is never an easy decision, and there’s no perfect time to initiate a separation. However, in New Hampshire, like in other states, there are certain factors and considerations that can make timing a divorce more strategic—especially when it comes to managing financial, emotional, and logistical challenges. Whether you’re thinking about filing for divorce or are currently in the midst of a separation, understanding the nuances of the best time to get divorced in New Hampshire can help you navigate the process more effectively.

1. After the Holidays or Special Events

Many people choose to wait until after major holidays or special events (like birthdays, anniversaries, or family gatherings) before filing for divorce. The reasoning is simple: these occasions can already be emotionally charged, and adding the stress of a divorce can intensify the situation. In addition, if children are involved, you might want to avoid disrupting family traditions or causing unnecessary tension during celebrations.

However, waiting too long might lead to unresolved emotional tension, making it harder to move forward. Many family law professionals suggest that starting the process after these events, when emotions are less likely to be influenced by external pressures, can lead to a smoother, more amicable transition.

2. Before the End of the Calendar Year for Tax Purposes

For financial reasons, some people choose to file for divorce before the end of the calendar year. This timing allows both parties to file taxes separately for the year in which the divorce was finalized, which may have beneficial tax implications. For example, if you have children, there may be benefits in terms of filing as the head of household or claiming dependents.

Additionally, if one spouse has a higher income, there may be tax advantages to finalizing the divorce before the new year starts, as alimony or support payments can be deducted from one spouse’s taxable income. Always consult with a financial advisor or tax professional before making this decision, as tax laws surrounding divorce can be complex and subject to change.

3. After Completing Financial or Property Planning

In New Hampshire, divorce settlements often involve division of property, assets, and debts, which can take time to negotiate. If you’re considering a divorce but haven’t yet sorted out your finances, it might be wise to delay the filing until you’ve had the chance to gather important financial documents and plan. This preparation can help ensure that you receive a fair division of assets and avoid common mistakes in the process.

Some important documents to gather include:

• Bank statements

• Mortgage information

• Retirement accounts and pension plans

• Investment accounts

• Tax returns

Consulting with a financial advisor and a divorce attorney who specializes in asset division can help you understand your rights and obligations in the divorce process. If your finances are particularly complicated, waiting to file until you have a clearer understanding of your financial situation can prevent costly mistakes later on.

4. When You’re Emotionally Ready

Divorce isn’t just a legal process—it’s an emotional one, too. It’s crucial to recognize when you’re emotionally prepared to handle the challenges of a divorce. Even if you’re sure that divorce is the best option, jumping into it too soon, without time for emotional readiness, can lead to difficulties down the line. In New Hampshire, divorce can take several months to finalize, depending on the complexity of your case, so it’s important to be in a place where you can manage the emotional and mental demands of the process.

If you’re unsure whether you’re emotionally ready, speaking with a therapist or counselor can help you work through your feelings and prepare for the transition. This is especially important if there are children involved or if you have concerns about your emotional well-being during the process.

5. When You Have an Established Custody Plan (If Children Are Involved)

In New Hampshire, like most states, child custody arrangements are a significant part of divorce proceedings. If children are involved, it’s critical to ensure that you have a clear plan in place regarding custody and visitation before filing. This planning can include discussions about living arrangements, school schedules, holidays, and travel.

While New Hampshire courts strive to make custody arrangements in the best interest of the children, it’s important to have a well-thought-out proposal for how parenting responsibilities will be divided. Parents who have already communicated and agreed on a custody plan may be able to navigate the divorce process more quickly and smoothly.

If communication with your spouse is difficult, it may be beneficial to wait until both parties have had time to attend mediation or counseling. This can help facilitate better discussions around the best interests of your children and reduce the likelihood of lengthy custody disputes later.

6. When You Understand Your Legal Rights and Options

Before initiating a divorce, it’s critical to have a clear understanding of your legal rights and options. New Hampshire is a “no-fault” divorce state, meaning that neither spouse has to prove fault (such as adultery or abuse) to get divorced. Instead, the spouse filing for divorce simply needs to state that the marriage is “irreparably broken.”

However, the specific circumstances of your case, such as asset division, spousal support (alimony), and child custody, may vary. It’s important to know your rights when it comes to:

• Property and asset division

• Alimony/spousal support

• Child custody and support

Consulting with a family law attorney who understands New Hampshire’s divorce laws can help you gain clarity on the process. A lawyer can guide you through filing, explain the likely outcomes based on your circumstances, and help you avoid common pitfalls.

7. When You’ve Tried Counseling or Mediation

If your marriage is in distress but you’re unsure about getting a divorce, it’s often helpful to explore counseling or mediation before taking the final step. New Hampshire encourages mediation for couples seeking divorce, and many individuals find that attending a few sessions can help clarify whether divorce is truly the right option.

Some people even choose to try marriage counseling before filing for divorce. However, if there’s no improvement in communication or if emotional or physical abuse is a factor, it may be time to move forward with a divorce. Understanding when to end counseling or mediation is key to not prolonging an inevitable divorce. It’s important to have an honest conversation with your spouse and a counselor or mediator about whether reconciliation is realistic or if it’s time to move on.

Conclusion: Timing Is Personal, But Preparation Is Key

While there’s no universally “perfect” time to get divorced in New Hampshire, there are several factors that can help you decide the right moment for your situation. Waiting until after the holidays, preparing your finances, ensuring emotional readiness, establishing custody plans, and consulting with legal professionals can all make the divorce process smoother and more manageable.

Ultimately, the best time to get divorced is when you feel emotionally, mentally, and practically ready to begin the next chapter of your life. Divorce is a major life transition, and ensuring that you’re prepared—both emotionally and legally—can help make the process less daunting and lead to a more favorable outcome for you and your family.

If you’re considering divorce, don’t hesitate to reach out to a trusted attorney in New Hampshire who can guide you through the process and help you make informed decisions.

TO SPEAK WITH AN EXPERIENCED NEW HAMPSHIRE DIVORCE ATTORNEY PLEASE CALL (603) 225-1114.

Jeffrey A. Runge, Esquire

Family Legal Services, P.C.

141 Airport Road

Concord, NH 03301

(603) 225-1135