New Hampshire divorce forms are the official documents required to file for divorce in the state's court system. Whether you're filing for divorce in New Hampshire on your own or working with an attorney, understanding which forms you need, how to complete them correctly, and when to file them ensures your case proceeds smoothly through the Family Division. This comprehensive guide covers all essential divorce forms, filing requirements, and step-by-step instructions for completing your divorce paperwork.
The New Hampshire court system provides standardized forms for divorce proceedings, making it possible for individuals to handle uncontested divorces without legal representation.
Where to Find Official Forms
The New Hampshire Judicial Branch Circuit Court Family Division maintains all official divorce forms on its website. These fillable and printable forms are available free of charge and include built-in instructions to guide you through completion. You can also obtain forms directly from the Clerk of Court's office at your local courthouse.
The court uses the same forms for cases with and without minor children. If you do not have children, simply skip sections that reference parenting matters.
Essential Forms for Filing for Divorce
Several core documents are required to initiate divorce proceedings in New Hampshire.
Petition for Divorce
The Petition for Divorce is the primary document that starts your case. This form includes the heading identifying it as a New Hampshire court document, the caption stating the court name and parties' names, allegations setting forth facts the court needs to hear the case, requests for relief asking the court to issue specific orders, and your notarized signature confirming truthfulness.
When completing the petition, you include information about both spouses, grounds for divorce, whether you have minor children, real estate and personal property ownership, and the specific relief you request, such as property division, spousal support, or child support.
The person filing the petition is called the petitioner and their name appears first. The other spouse is the respondent.
Personal Data Sheet
Every divorce filing requires a Personal Data Sheet providing basic information about both parties. This straightforward form requests names, addresses, birth dates, Social Security numbers, and other identifying information the court uses for recordkeeping and statistical purposes.
Joint Petition for Divorce
When both spouses agree to divorce, they can file a Joint Petition for Divorce even if they disagree on property division or other issues. Both spouses must sign this form and have their signatures notarized.
Filing a joint petition eliminates the requirement to serve divorce papers on your spouse, saving time and money. The joint petition tells the court which issues you agree on and which remain disputed.
Financial Documentation Forms
New Hampshire requires extensive financial disclosure in all divorce cases.
Financial Affidavit
The Financial Affidavit is a detailed sworn statement of your financial circumstances. This critical form requires information about income sources and amounts, tax obligations and payments, employment details and benefits, assets including real estate, vehicles, bank accounts, investments, and retirement accounts, debts and liabilities, monthly living expenses and budget, and health insurance coverage and costs.
Both spouses must complete separate Financial Affidavits, exchange them with each other, and file them with the court. You must file updated Financial Affidavits before every court appearance to ensure the court has current information.
Providing false information on a Financial Affidavit constitutes perjury and can result in serious consequences including fines, jail time, and reopening of your divorce case even years later.
Supporting Financial Documents
In addition to the Financial Affidavit, New Hampshire requires exchange of supporting documentation within 45 days of service. These documents include recent tax returns (typically two years), pay stubs or other proof of income, bank account statements, credit card statements, mortgage statements and property deeds, retirement account statements, documentation of business interests, and proof of health insurance coverage and costs.
This mandatory initial self-disclosure ensures both parties have access to complete financial information necessary for fair property division and support calculations.
Forms for Cases with Minor Children
Additional forms are required when your divorce involves children under age 18.
Parenting Plan
The Parenting Plan is a comprehensive document outlining how you will co-parent after divorce. This plan must address decision-making responsibility for major decisions about education, healthcare, and religion, residential responsibility determining where children live, parenting schedule specifying time with each parent, legal residence for school attendance purposes, transportation and exchange arrangements, information sharing and access including telephone contact, relocation procedures if either parent moves, methods for reviewing and adjusting the plan, and dispute resolution procedures.
Both parents should work together to complete a joint Parenting Plan whenever possible. If you cannot agree on all provisions, you may file separate plans for disputed issues while showing areas of agreement.
Uniform Support Order
The Uniform Support Order establishes child support obligations and payment details. This form specifies the amount of support, payment frequency and method, health insurance requirements, division of medical expenses, and income withholding provisions.
Child Support Guidelines Worksheet
Both parents must complete a Child Support Guidelines Worksheet calculating support based on New Hampshire's child support formula. This worksheet uses both parents' incomes, number of children, parenting time percentages, childcare costs, and health insurance premiums to determine the appropriate support amount.
Child Impact Seminar Certificate
After attending the mandatory Child Impact seminar, you receive a certificate of completion. This certificate must be filed with the court before your final hearing. Both parents must attend and submit certificates.
Additional Required Forms
Several other forms complete your divorce filing package.
Certificate of Divorce, Legal Separation, or Annulment
This vital statistics form must be completed before your divorce can become final. The form collects demographic and statistical information about your marriage and divorce that the state uses for recordkeeping purposes.
Motion to Waive Filing Fee
If you cannot afford the filing fee, complete a Motion to Waive Filing and Service Fees along with a Financial Affidavit. The judge reviews your financial information to determine whether you qualify for a fee waiver based on indigent status.
Orders of Notice
After you file your petition, the court issues Orders of Notice. These are court orders, not forms you complete, but they contain important requirements and restrictions. Orders of Notice typically prohibit transferring or selling marital property, canceling insurance policies, or removing children from the state without permission.
Service and Response Forms
Proper service of divorce papers requires specific documentation.
Return of Service
After serving your spouse with divorce papers, you must file a Return of Service proving the respondent received proper notice. If the sheriff serves papers, the sheriff completes this form. If you use certified mail, attach the signed return receipt.
Appearance Form
Respondents who want to participate in the divorce must file an Appearance form within 15 days of receiving divorce papers. This form notifies the court that the respondent intends to be involved in the case.
Response or Cross-Petition
While not required, respondents may file a Response addressing allegations in the petition or a Cross-Petition essentially countersuing for divorce. These forms allow respondents to present their version of facts and requests for relief.
Temporary Order Forms
When immediate relief is needed during the divorce process, temporary order forms become necessary.
Motion for Temporary Orders
This form requests the court to schedule a hearing and issue temporary orders on specific issues like temporary spousal support, temporary child support, temporary parenting arrangements, use of marital home and vehicles, payment of debts and expenses, or health insurance coverage.
Proposed Temporary Decree
When requesting temporary orders, you must file a Proposed Temporary Decree outlining the specific orders you want the court to issue. This document should address all issues requiring temporary resolution.
Final Hearing Forms
As your case approaches conclusion, final forms are required.
Final Decree on Petition for Divorce
The Final Decree is the court order ending your marriage and establishing all post-divorce rights and obligations. This comprehensive document includes division of all real and personal property, allocation of all debts and liabilities, spousal support amounts and duration if applicable, final Parenting Plan if you have children, child support orders including Uniform Support Order, health insurance provisions, restoration of former name if requested, and any other agreements or court determinations.
In uncontested cases where both parties agree, you prepare and sign this decree before the final hearing for the judge's review and signature.
Certificate of Service
Every document you file must include a Certificate of Service confirming you provided a copy to your spouse or their attorney. This certificate appears at the bottom of most forms or as a separate document.
Tips for Completing Divorce Forms
Proper form completion prevents delays and complications in your case.
General Completion Guidelines
Type or print clearly in black ink, complete all applicable sections thoroughly, leave blank any sections that do not apply to your situation, never guess or estimate when exact information is required, attach additional pages if you need more space for explanations, make copies of everything before filing, and have all signatures notarized when required.
Filing Your Completed Forms
Once forms are completed, you must file them with the appropriate court.
Filing Process
Bring the original signed and notarized documents plus two copies to the Clerk of Court's office. Pay the required filing fee or submit your fee waiver motion. The clerk will assign a case number and stamp your copies as filed. Keep one stamped copy for your records and use the other for service on your spouse if required.
Filing Fees
As of 2023, New Hampshire charges $250 to file a divorce petition ($252 for cases with minor children). These fees are subject to change, so verify current amounts with the court clerk. Fees cover filing and basic court processing.
Before You File a Divorce in New Hampshire
New Hampshire divorce forms provide the foundation for filing for divorce and completing the legal process of ending your marriage. Understanding which forms are required, how to complete them accurately, and when to file them ensures your case proceeds without unnecessary delays or complications.
The Family Division provides standardized forms for Petitions for Divorce, Financial Affidavits, Parenting Plans, child support calculations, and final decrees. Whether filing a joint petition with your spouse or proceeding individually, completing these forms thoroughly and honestly protects your rights and interests.
While New Hampshire allows self-representation in divorce cases, consulting with an attorney ensures you understand your rights regarding property division, spousal support, and parenting arrangements. An attorney can review your completed forms, advise on strategy, and represent you in court hearings when necessary. For complex cases involving significant assets, business interests, or contested custody issues, professional legal assistance helps protect your interests and achieve fair outcomes.