New Hampshire Divorce Checklist
divorce.law/resources/divorce-checklist/new-hampshire/
Prepared: 5/20/2026
Data updated: 3/1/2026
Estimated Timeline
2–3 months for uncontested divorces (no mandatory waiting period), 8–14 months for contested divorces involving custody disputes or complex asset division in New Hampshire
Documents to Gather
- Certified copy of marriage certificate
- Birth certificates for minor children
- Social Security numbers for both spouses and children
- Photo identification (driver's license or state ID)
- Prenuptial or postnuptial agreement (if applicable)(if applicable)
- Prior court orders (if applicable)(if applicable)
- Military service documentation (if applicable)(if applicable)
Financial Documents
- Last 3 years of federal and state tax returns (personal and business)
- 4 most recent pay stubs from each employer
- 12 months of bank account statements (all accounts)
- 12 months of retirement and investment account statements
- 12 months of credit/loan/mortgage applications
- Employee benefits documentation
- Health and dental insurance documentation
- Real estate appraisals or comparative market analyses(if applicable)
- Business financial statements (if self-employed)
- Debt documentation (credit cards, loans, medical bills)
Key Steps
1. Before Filing
- Verify Residency Requirements
- Gather Personal and Marriage Documentation
- Compile Financial Records for Mandatory Disclosure
- Assess Safety Concerns and Domestic Violence Resources
- Determine Grounds for Divorce
2. Filing Process
- Complete the Petition for Divorce and Supporting Forms
- Prepare the Financial Affidavit
- Complete Child-Related Forms (If Applicable)
- File the Petition with the Circuit Court, Family Division
3. After Filing
- Serve Your Spouse with the Divorce Papers
- Respondent Files Appearance and Answer
- Exchange Mandatory Initial Disclosures Under Rule 1.25-A
- Attend the Child Impact Program (If Minor Children Involved)
- Attend the First Appearance (Cases with Minor Children)
- Participate in Court-Ordered Mediation
- Negotiate Property Settlement and Support Terms
- Prepare and File Final Decree and Closing Documents
- Attend the Final Hearing and Obtain Your Decree
Key Deadlines
Quick Reference
To file for divorce in New Hampshire, you must meet one of three residency requirements under RSA 458:5: both spouses reside in the state, the petitioner resides in the state and serves the respondent in New Hampshire, or the petitioner has been domiciled in New Hampshire for at least 1 year. File the Petition for Divorce (Form NHJB-2057-F) or Joint Petition (Form NHJB-2058-F) at the Circuit Court, Family Division, in your county. The filing fee is $280 without minor children or $282 with minor children. Fee waivers are available via Form NHJB-2759-SUP. After filing, serve your spouse — the respondent has 15 days to file an Appearance and 30 days to file an Answer. Both parties must exchange financial documents within 45 days under Rule 1.25-A. If minor children are involved, both parents must complete the $85 Child Impact Program within 45 days under RSA 458-D and attend a First Appearance session within 30 days. Mediation is ordered in most cases under Family Division Rule 2.13. New Hampshire has no mandatory waiting period — uncontested divorces finalize in 2–3 months. Contested cases take 8–14 months.