Divorce Resources in New Hampshire: Court Forms, Legal Aid & Filing Guide

To file for divorce in New Hampshire, you must meet residency requirements under RSA 458:5: either both parties reside in the state, or the petitioner has lived in New Hampshire for at least one year before filing, or the petitioner resides in the state and the respondent can be personally served within New Hampshire. The filing fee is $280 without minor children or $282 with minor children, payable by cash, check, credit card, or money order. You file either an Individual Petition for Divorce (NHJB-2057-F) or a Joint Petition (NHJB-2058-F) together with a Personal Data Sheet (NHJB-2077-F) at the Circuit Court Family Division in the county where either spouse lives, as required by RSA 458:9.

After filing an individual petition, the court issues orders of notice that the petitioner must serve on the respondent. Under RSA 458:9, service within the state must be made by a sheriff either in hand or by leaving an attested copy at the respondent's abode within 25 days of receipt of orders of notice. If the respondent's residence is unknown, the petitioner must provide the last known address, and the court will order service by publication in a newspaper at least 15 days before the return date and by certified mail. Joint petitions require no service because both parties sign the filing.

Both parties must complete mandatory financial disclosures under Family Division Rule 1.25-A within 45 days of filing. This includes exchanging Financial Affidavits (NHJB-2065-F), three years of tax returns, 12 months of bank and investment statements, and four recent pay stubs, as required by RSA 458:15-b. Financial Affidavits are accepted as prima facie evidence unless challenged, and any knowing false statement subjects the filer to treble damages plus attorney fees. A completed typewritten Vital Statistics Form (VS-14a) must also be filed before the court can finalize the divorce.

In divorces with minor children, both parents must attend the four-hour Child Impact Program within 45 days of service under RSA 458-D. Registration is expected before the First Appearance court session. The court will also order mediation under RSA 461-A:7 in cases involving children unless domestic violence, abuse, neglect, or undue hardship makes mediation inappropriate. Court-connected mediation costs $450 per case for up to four hours, split between the parties. After the First Appearance, parties submit a proposed Parenting Plan (NHJB-2064-F) and Uniform Support Order (NHJB-2066-FP) reflecting child support guidelines.

New Hampshire law requires all parents of minor children involved in a divorce or parenting case to attend the four-hour Child Impact Program (CIP) under RSA 458-D. Both parents must complete the program within 45 days of the petition being served on the respondent, and registration is expected before the First Appearance court session. Parents are not required to attend the same session, and in domestic violence cases they must attend separately. The program covers how children react to divorce, how parents can minimize harm, and an overview of dispute resolution options including mediation, arbitration, and litigation.

Failure to attend may result in sanctions under RSA 458-D:5, including contempt of court, fines, or incarceration. Waivers are available under RSA 458-D:8 if a parent is incarcerated, previously completed the program, or the court finds good cause. Participants pay a fee directly to the program presenter; recipients of need-based assistance may attend at reduced or no cost. A certificate of completion is forwarded to the court by the provider.

Mediation is mandatory in all New Hampshire divorce cases involving minor children under RSA 461-A:7 and Family Division Rule 2.13. The court will order parties to participate in mediation before scheduling a trial date unless it finds mediation inappropriate due to domestic violence, abuse or neglect of a minor child, undue hardship on one party, or the parties' agreement to use another alternative dispute resolution method. Even in domestic violence cases, the court may still order mediation if all parties agree.

For divorces without minor children, RSA 458:15-c permits the court to order mediation upon either party's request or at the court's discretion. Court-connected mediation costs $450 per case for up to four hours and one hour of administrative work, typically split $225 per party. Financial assistance is available for parties who cannot afford the fee by filing a Mediation Payment Worksheet. All communications during mediation are privileged and confidential under RSA 328-C:9, and the mediator has no authority to impose a settlement.

Both parties in a New Hampshire divorce must submit Financial Affidavits (NHJB-2065-F) under RSA 458:15-b prior to any hearing regarding child support, property settlement, or alimony. Financial Affidavits are accepted as prima facie evidence of the facts stated unless challenged. Any party who makes a knowing false statement on a Financial Affidavit is subject to treble damages and attorney fees in a civil action. All Financial Affidavits are confidential under RSA 458:15-b and accessible only to the parties, their attorneys, guardians ad litem, and authorized government officials. Knowing unauthorized disclosure is a misdemeanor.

Additionally, Family Division Rule 1.25-A requires mandatory initial self-disclosure within 45 days of filing (joint petitions) or 45 days from when the respondent receives the petition (individual petitions). Required documents include: three most recent years of personal and business tax returns, four most recent pay stubs from each employer, year-end pay stubs, 12 months of statements for all bank accounts, investment accounts, retirement accounts, securities, stocks, bonds, notes, and certificates of deposit. Parties must use the Checklist for Rule 1.25-A (NHJB-3248-F) to track compliance and must promptly supplement disclosures as material changes occur.