Divorce Checklist for New Hampshire

New Hampshire law under RSA 458:5 establishes three jurisdictional pathways for filing a divorce petition. The first pathway requires both spouses to be domiciled in the state at the time of filing, with no minimum duration required. The second pathway permits filing when the petitioner resides in New Hampshire and the respondent can be personally served within the state. The third pathway applies when only the petitioner lives in New Hampshire and the respondent resides out of state, requiring 1 year of continuous domicile before filing. Domicile means living in New Hampshire with the intent to remain permanently or indefinitely. You must file in the Circuit Court, Family Division, in the county where either spouse currently resides per Family Division Rule 2.3(B). Gather proof of your New Hampshire domicile, including government-issued identification, utility bills, voter registration, or property tax records showing your current address.

Before preparing your divorce petition, collect all essential personal records that the court requires. You must obtain a certified copy of your marriage certificate, which you can request from the New Hampshire Division of Vital Records Administration (DVRA), the town or city clerk where the marriage was recorded, or the vital records office of the state where you were married if you married outside New Hampshire. The filing fee for a certified copy is typically $15–$25. You will also need birth certificates for any minor children of the marriage, as parenting petitions under RSA 461-A require complete identifying information for each child. Gather full legal names, dates of birth, and Social Security numbers for both spouses and all children. This information is required on the Personal Data Sheet form that accompanies every divorce petition filed in the Circuit Court, Family Division.

New Hampshire Family Division Rule 1.25-A requires both parties to exchange comprehensive financial documentation within 45 days of filing (joint petition) or 45 days from when the respondent receives the petition (individual petition). This mandatory initial self-disclosure includes your 3 most recent years of personal and business tax returns, the 4 most recent pay stubs from each employer, year-end pay stubs for the prior calendar year, and statements for all bank accounts held individually or jointly for the 12 months preceding the filing date. Business owners must provide monthly, quarterly, and year-to-date financial statements including profit-and-loss, balance sheets, and income statements. You must also gather documentation for employee benefits including retirement accounts, pension plans, stock options, bonuses, and commissions for the prior 12 months. Start organizing these records immediately because incomplete disclosure can result in court sanctions.

If you are experiencing domestic violence, take steps to protect yourself and your children before filing. Under RSA 173-B, you may petition for a protective order independently of the divorce proceeding by filing at any Circuit Court District Division. The New Hampshire Coalition Against Domestic and Sexual Violence operates a statewide crisis line at 866-644-3574 available 24 hours a day, 7 days a week. The coalition connects callers to 13 member programs across the state that provide emergency shelter, legal advocacy, safety planning, and support services. If you file a domestic violence petition or have restraining orders in place, you are not required to disclose your address on court forms under Rule 1.25-A and RSA 458:15-b. Additionally, the court will not order mediation if there is a finding of domestic violence per RSA 458:15-c, and the Child Impact Program makes accommodations for domestic violence cases.

New Hampshire recognizes both no-fault and fault-based grounds for divorce. The most commonly used ground is irreconcilable differences under RSA 458:7-a, which states that a divorce shall be decreed on the ground that irreconcilable differences have caused the irremediable breakdown of the marriage, regardless of either party's fault. When filing on irreconcilable differences, specific allegations of misconduct are generally improper and inadmissible unless parental rights are at issue. Fault-based grounds under RSA 458:7 include impotency, adultery, extreme cruelty, conviction of a crime punishable by imprisonment for more than 1 year, habitual drunkenness for 2 years, absence for 2 years without consent, and joining a religious group that believes marriage is unlawful followed by 6 months of refusing marital duties. Most New Hampshire divorces proceed under irreconcilable differences because it simplifies the process and avoids costly litigation over fault.

Prepare your divorce petition using Form NHJB-2057-F (Petition for Divorce) for an individual filing, or Form NHJB-2058-F (Joint Petition for Divorce) if both spouses agree to file together. A joint petition can be filed even when spouses do not agree on every issue — the petition identifies which issues are agreed upon and which remain contested. Every petition must be accompanied by a Personal Data Sheet that includes full identifying information for both spouses and all minor children. If minor children are involved, you must also complete a UCCJEA Affidavit (Uniform Child Custody Jurisdiction and Enforcement Act) disclosing information about the children's residence history for the past 5 years and any other custody proceedings. Use Form NHJB-2656-FP for additional pages if needed. All forms are available from the New Hampshire Judicial Branch website at courts.nh.gov under the Family Division forms section.

Complete Form NHJB-2065-F (Financial Affidavit), a 5-page sworn document required under RSA 458:15-b and Family Division Rule 2.16. The Financial Affidavit requires detailed disclosure of your background information, employment history, all sources of monthly income including wages, self-employment income, public assistance, Social Security, and investment income. You must list all assets and liabilities including real estate, vehicles, bank accounts, retirement accounts, and debts. The affidavit also requires a monthly expense breakdown covering housing, utilities, food, transportation, insurance, and childcare costs. The Financial Affidavit is filed with the court and provided to the opposing party. Under RSA 458:15-b, false statements carry treble damages and attorney's fees in a civil action, plus the affidavit is accepted as prima facie evidence unless challenged. Financial Affidavits are confidential under RSA 458:15-b and accessible only to parties, attorneys, and authorized officials.

If you and your spouse have minor children, additional forms are mandatory. Complete the Parenting Plan (Form NHJB-2064-F), which addresses decision-making responsibility for education, healthcare, and religious training, as well as the parenting schedule, holiday arrangements, transportation, and relocation restrictions under RSA 461-A. Both parties must also complete the Child Support Guidelines Worksheet, which calculates support obligations based on both parents' incomes, health insurance costs, childcare expenses, and Section 7 special expenses under RSA 458-C. If you have reached agreement, prepare a Uniform Support Order (Form NHJB-2066-FP) reflecting the agreed-upon child support amount. You will also need to register for the mandatory Child Impact Program within 45 days of service under RSA 458-D. The filing fee is $282 for divorces involving minor children, which is $2 more than the $280 fee for cases without children.

Bring your completed forms to the Clerk of Courts at the Circuit Court, Family Division, in the county where either spouse resides. The filing fee is $280 for divorces without minor children and $282 for divorces with minor children under RSA 490:27. Credit card payments incur an additional 3% convenience fee. If you cannot afford the filing fee, file Form NHJB-2759-SUP (Request to Pay Lower Fee or File for Free) simultaneously with your petition — the court may waive the fee if your income does not exceed 125% of the federal poverty guidelines. The clerk will stamp your documents with a case number and return copies. For individual petitions, the court will issue orders of notice directing how your spouse must be served. For joint petitions, no service is required because both parties have already signed the petition. Keep your stamped copies in a safe location as you will reference them throughout the proceeding.

If you filed an individual petition, your spouse must be formally notified through service of process under RSA 458:9. The court issues orders of notice specifying how service must be accomplished. Within New Hampshire, service can be completed by a sheriff delivering the petition in hand or leaving an attested copy at the respondent's abode within 25 days of receiving the orders of notice. Alternatively, service by certified mail with return receipt requested, restricted delivery and signed by the addressee only, must be mailed within 7 days of receiving the orders of notice — file the signed return receipt with the court as proof of service. The court may also send notice directly to the respondent, giving them 10 days to accept service at the courthouse. If your spouse's location is unknown, you may petition for service by publication in a newspaper, completed at least 15 days before the return date. File an Affidavit of Receipt of Service or other proof of service with the court immediately upon completion.

Under Family Division Rule 2.5, the respondent must file a written Appearance within 15 days of receiving the notice to participate in the case. The respondent then has 30 days after service to file an Answer to the petition and any counterclaims or cross-petition. Filing an Appearance is critical — without it, the court may proceed without the respondent's input and enter a default judgment granting the petitioner's requests. The respondent may also file a Cross-Petition for Divorce, effectively countersuing on their own grounds. If the respondent fails to appear or answer, the petitioner may request a default hearing after the response deadline has passed. Both parties should understand that once the petition is filed, RSA 458:16 authorizes the court to issue temporary orders for support, parenting, and restraining orders upon motion by either party. The respondent should begin gathering financial records immediately for the mandatory disclosure required within 45 days.

Both parties must exchange comprehensive financial documentation within 45 days of filing (joint petition) or 45 days from when the respondent received the petition (individual petition) under Family Division Rule 1.25-A. Required disclosures include your completed Financial Affidavit, 3 most recent years of tax returns, 4 most recent pay stubs from each employer, 12 months of statements for all bank accounts held individually or jointly, 12 months of retirement and investment account statements, documentation of employee benefits, and any credit or loan applications from the prior 12 months. Business owners must provide monthly, quarterly, and year-to-date financial statements. If a hearing is scheduled within the 45-day window, disclosures must be exchanged 10 days before that hearing. These documents are exchanged between parties only — they are not filed with the court except for the Financial Affidavit. Parties may redact all but the last 4 digits of account numbers and Social Security numbers.

Under RSA 458-D, both parents must attend the mandatory 4-hour Child Impact Program within 45 days of the petition being served on the respondent. This program is conducted by certified family therapists and covers how children react to divorce, strategies to minimize the impact on children, managing co-parenting relationships, and information about mediation and other dispute resolution options. Up to 30 minutes of the session may address divorce options such as arbitration, mediation, and litigation. The program costs $85 per person, though presenters must accept recipients of need-based assistance programs at reduced or no cost under RSA 458-D:4. Classes are limited to 20 participants and fill on a first-come, first-served basis, so register early. You must complete the program before the First Appearance session. Upon completion, the provider forwards a certificate of completion directly to the court. Failure to attend may result in contempt of court sanctions under RSA 458-D:5, including fines or incarceration.

In divorces involving minor children, the court schedules a First Appearance session within 30 days after service is completed. Both parents are required to attend unless specifically excused by the court. The First Appearance is an informational session, not a hearing — a judge or court staff presents information about the court process, mediation options, the importance of cooperative parenting, and the requirements for resolving custody and support issues. At the end of the First Appearance, parents schedule the next event in their case, which may be a case manager conference, mediation session, or a court hearing depending on the level of agreement between the parties. If parents have reached a full agreement on parenting and support, the case may be scheduled directly for an uncontested final hearing. Attendance is mandatory — failure to appear without court approval may result in sanctions including contempt of court. Both parents should bring their filed petition and any completed parenting plans.

Under Family Division Rule 2.13 and RSA 458:15-c, the court will order parties to participate in mediation unless specific exceptions apply. Mediation is a confidential process in which a neutral third party certified under RSA 328-C facilitates settlement discussions on all disputed issues including property division, alimony, and parenting arrangements. Court-connected mediation costs $450 per case for up to 4 hours of mediation plus 1 hour of administrative work, typically split equally between the parties at $225 each. For cases involving minor children, parenting mediation may proceed under the separate RSA 461-A:7 framework. The court will not order mediation if there is a finding of domestic violence under RSA 173-B:1, or if there is a showing of undue hardship, substance abuse, or serious psychological or emotional abuse. All communications during mediation are privileged and confidential under RSA 328-C:9 and cannot be disclosed or admitted in court. Any agreement reached is reduced to writing, signed by both parties, and filed with the court.

New Hampshire follows equitable distribution under RSA 458:16-a, meaning the court presumes an equal division of all marital property is equitable but may deviate based on 15 statutory factors including marriage duration, each spouse's age and health, economic status, contributions to the marriage, and the tax consequences of division. Property includes all tangible and intangible assets belonging to either or both parties, regardless of whose name is on the title. This encompasses real estate, retirement accounts, pensions, stock options, vehicles, and business interests. Spousal support (alimony) is governed by RSA 458:31, with the court considering the length of the marriage, each party's earning capacity, standard of living during the marriage, and the needs and abilities of each spouse. If you reach a settlement agreement, reduce all terms to writing in a proposed Final Decree. If issues remain contested, the court will schedule a pretrial conference under Rule 2.24 to identify disputed issues and prepare for a contested hearing.

Before the final hearing, the petitioner must complete and file several closing documents with the court. The Final Decree on Divorce or Legal Separation (Form NHJB-2071-F) sets forth all terms of the divorce including property division, alimony, and parenting arrangements. The Vital Statistics Form (SOS/DVRA VS-14A) is mandatory under Family Division Rule 2.25 and must be typewritten — it records demographic information about the divorce for state records and costs $10. If alimony is ordered, complete the Uniform Alimony Order (Form NHJB-3058-F). For cases with children, file the finalized Parenting Plan (NHJB-2064-F), Uniform Support Order (NHJB-2066-FP), and Child Support Guidelines Worksheet. Both parties must file current Financial Affidavits. Under Rule 2.22, an uncontested divorce may be granted without a live hearing if all documents are properly filed and both parties have signed a written waiver of attendance at the final hearing. The court reviews the packet and, if satisfied, signs the Final Decree.

The final hearing is the concluding step of your New Hampshire divorce. For uncontested cases where both parties have waived attendance under Rule 2.22, the judge reviews the submitted documents and signs the Final Decree without a hearing — this is common and can finalize the divorce in as few as 2–3 months from filing. For contested cases, a pretrial conference under Rule 2.24 precedes the final hearing, at which parties file pretrial statements, current financial affidavits, and proposed decrees. At the contested hearing, both parties present evidence and testimony on unresolved issues. New Hampshire has no mandatory waiting period between filing and finalization under RSA 458, making it one of the most efficient divorce jurisdictions in the country. Once the judge signs the Final Decree, the divorce is effective immediately. Request certified copies of the Final Decree from the Clerk of Courts — you will need them to update your name, insurance, property titles, and retirement account beneficiaries.