New Hampshire Divorce Filing Checklist 2025

Filing for divorce in New Hampshire requires understanding flexible residency rules, the Circuit Court Family Division system, mandatory disclosure requirements, and specialized programs like the Child Impact Program for parents. This comprehensive divorce filing checklist guides you through every step.

Understanding New Hampshire Residency Requirements

New Hampshire offers three flexible paths to establish jurisdiction for divorce under RSA 458:5. You can file for divorce in New Hampshire if:

• Both spouses are domiciled in New Hampshire when you start the case
• You are domiciled in New Hampshire and your spouse is personally served within the state
• You have been domiciled in New Hampshire for one year immediately before filing

Unlike many states with rigid residency requirements, New Hampshire's flexible approach allows couples to file relatively quickly, especially if both parties live in the state or if service can occur within New Hampshire.

Venue: Filing in the Circuit Court Family Division

New Hampshire handles all divorces in the Circuit Court — Family Division. According to Family Division Rule 2.3(B), you should file your petition in the county where you live. Within multi-location counties, file at the Family Division location that serves your town.

If both parties live in the same county, you may file where either spouse resides. This venue rule ensures cases are heard in the community most connected to your family.

Grounds for Divorce: No-Fault and Fault-Based Options

New Hampshire offers both no-fault and fault-based divorce grounds:

No-Fault Ground (Most Common)

Under RSA 458:7-A, you can file based on irreconcilable differences that have caused the irretrievable breakdown of the marriage. In no-fault proceedings, evidence of specific misconduct is generally inadmissible unless parental rights are at issue.

Fault-Based Grounds

New Hampshire also recognizes traditional fault grounds under RSA 458:7, including impotency, adultery, extreme cruelty, conviction of a crime with imprisonment, habitual drunkenness, abandonment for 2 years, and other specific circumstances. However, fault grounds require proof and increase case complexity.

Filing Fees and Court Costs

New Hampshire's Family Division fees are established in Rule 1.3:

• Base entry fee: $225 for marital matters and parenting petitions
• Additional parental rights fee: $2 when the case involves parental rights/responsibilities
• VSR (divorce certificate) fee: $10

Total fees:

• Without minor children: $235 ($225 + $10)
• With minor children: $237 ($225 + $2 + $10)

If you cannot afford these fees, New Hampshire allows you to request a fee waiver by filing a written request with the court demonstrating financial hardship.

Estimate Your New Hampshire Divorce Costs

Use our calculator to estimate filing fees, service costs, and Child Impact Program expenses based on your specific situation. For more ways to reduce expenses throughout the process, see our guide on saving money during divorce.

Mandatory Child Impact Program

One of New Hampshire's unique requirements is the Child Impact Program (CIP) established under RSA 458-D. All divorcing parents of minor children must complete this mandatory 4-hour program within 45 days after service on the respondent.

Key details about the Child Impact Program:

• Cost: $85 per parent (fee waivers available for financial hardship)
• Purpose: Educates parents on helping children cope with divorce
• Timing: Register as soon as possible; must complete within 45 days
• Compliance: Your divorce cannot be finalized without a completion certificate
• Sanctions: Failure to attend can result in fines or contempt charges

Joint Petition vs. Individual Petition

New Hampshire offers two filing approaches:

Joint Petition for Divorce (NHJB-2058-F)

If you and your spouse agree to divorce, filing a Joint Petition avoids formal service requirements and typically leads to faster resolution. Joint petitions work best when parties agree on all major issues.

Individual Petition for Divorce (NHJB-2057-F)

When one spouse initiates the divorce, you file an Individual Petition. The court attaches a Notice to Respondent and Appearance form. You must serve your spouse through certified mail (restricted delivery) or by sheriff, then file proof of service.

Service of Process and Response Deadlines

After filing an individual petition, Family Division Rule 2.4 requires proper service. The respondent or their attorney may accept service at the court within 10 days. Otherwise, you must serve the petition by:

• Certified mail, restricted delivery (signed only by the addressee)
• Sheriff's service
• Authorized officer (if respondent is out of state)

Under Rule 2.5, the respondent has 15 days after receiving the Notice to Respondent to file a written Appearance. No formal Answer is required unless the respondent requests alimony or other affirmative relief.

Mandatory Initial Disclosures: The 45-Day Rule

New Hampshire's Family Division Rule 1.25-A requires comprehensive financial disclosure early in every divorce. Each party must exchange (not file) required documents within the earlier of 45 days after service/filing or 10 days before the first substantive hearing.

Required disclosure documents include:

• Pay stubs and income verification
• Tax returns
• Bank statements
• Credit card statements
• Retirement account statements
• Insurance policies
• Other financial documents

You must also file a current Financial Affidavit (NHJB-2065-F) with the court. Financial Affidavits are confidential to non-parties under RSA 458:15-b.

First Appearance (Cases with Minor Children)

If your case involves minor children, the court schedules a First Appearance within 30 days after service under Rule 2.11. During this mandatory session, a judge explains:

• The divorce process
• Child Impact Program requirements
• Mediation procedures
• Guardian ad litem appointments (if needed)
• Child support guidelines

Both parents must attend unless excused for good cause. If a protective order exists, parents attend separate sessions for safety.

Court-Connected Mediation

Under Rule 2.13 and RSA 461-A:7, mediation is ordinarily required in divorces with minor children unless the court finds it inappropriate due to domestic violence, severe substance abuse, or related safety concerns.

According to Supreme Court Rule 48-B, the mediation fee is $450 per case for up to 4 hours plus 1 administrative hour. Courts typically split this cost ($225 per party), with additional hours billed on a sliding scale by income. Indigent parties may have fees paid from a state fund.

Collaborative Divorce Option

New Hampshire has adopted the Collaborative Law Act, allowing spouses to work with specially trained collaborative lawyers in a confidential settlement process. If the collaborative process fails, both lawyers must withdraw and cannot represent the parties in litigation (disqualification rule). The statute includes special domestic violence screening provisions.

Required Forms for Finalization

According to Family Division guidance, no divorce can be finalized without the Vital Statistics form (VS-14A). Core closing documents include:

All Cases

• Financial Affidavit (NHJB-2065-F) from each party
• Vital Statistics Form (VS-14A)
• Final Decree (NHJB-2071-F)

Cases with Children

• Child Impact Program certificate
• Parenting Plan (NHJB-2064-F)
• Uniform Support Order (NHJB-2066-FP)
• Child Support Guidelines Worksheet (NHJB-2101-FP)

Typical Divorce Timelines

New Hampshire has no statutory waiting period, but timelines vary based on case complexity. For an in-depth timeline breakdown, read our guide on how long divorce takes in New Hampshire:

• Uncontested joint petition (no children): 8-12 weeks when paperwork is complete and court dockets allow
• Uncontested with children: 3-4 months, including time for Child Impact Program and parenting plan approval
• Contested with custody disputes: 8-14 months, accounting for First Appearance, CIP completion, mandatory disclosures, mediation, discovery, and trial