New Hampshire filing for divorce requires understanding residency requirements, grounds for divorce, required forms, and court procedures. Whether you pursue a fault divorce or a a no-fault divorce based on irreconcilable differences, knowing the proper steps ensures your divorce case proceeds smoothly through the Hampshire court system.
New Hampshire Residency Requirements
Before filing for divorce in New Hampshire, you must satisfy residency requirements that establish the New Hampshire court's jurisdiction over your case.
Basic Residency Rules
At least one of the following conditions must apply for a New Hampshire court to grant your divorce. Both parties live in New Hampshire. When you file the divorce petition, the petitioner has lived in New Hampshire for one year before filing, or the petitioner lives in New Hampshire, and the respondent can be personally served with divorce papers within the state.
You do not need to remain at the same address to fulfill the residency requirement. You can move anywhere within New Hampshire during your residency period. Your sworn statement in the petition substantiates residency, though you should be prepared to prove where you lived if questioned.
Establishing Residency
To establish residency in New Hampshire, register to vote, obtain a driver's license, secure employment, purchase or lease a residence, open bank accounts, register your vehicle, or obtain a library card. Avoid maintaining a residence in another state that could suggest you do not intend to remain in New Hampshire.
Grounds for Filing for Divorce in New Hampshire
New Hampshire law recognizes both no-fault and fault grounds for divorce, giving you options for how to proceed with your case.
No-Fault Divorce
New Hampshire is a no-fault divorce state, meaning neither party must prove the other caused the marriage breakdown. The standard no-fault ground states that "irreconcilable differences have caused the irremediable breakdown of the marriage." This means you have differences that cannot be fixed, and those differences have permanently broken the marriage.
Most divorces in New Hampshire proceed on no-fault grounds because they avoid the complexity, expense, and contention of proving fault. Filing on no-fault grounds keeps the legal process simple and allows both parties to move forward without assigning blame.
Fault Grounds
You can alternatively file for divorce based on fault grounds including impotence of either party, adultery, extreme cruelty, conviction of a crime punishable with imprisonment for more than one year with actual imprisonment, treatment that seriously injures health or endangers reason, absence for two years without being heard from, habitual drunkenness for two years, joining a religious sect or society that believes marriage is unlawful with refusal to cohabitate for six months, or abandonment and refusal to cohabitate for two years.
Filing on fault grounds makes the divorce process more difficult. Your petition must contain correct language for the specific fault ground claimed, and certain grounds like adultery have special service requirements, including naming and serving the co-respondent. You must prove both that the fault occurred and that it caused the marriage breakdown.
Where to File Your Divorce Petition
New Hampshire's court system determines where you must file based on your county of residence.
County Jurisdiction and Venue
County jurisdiction, also called venue, controls where your divorce will be heard. You must file in the county where you or your spouse resides, or where either party is regularly employed or has a place of business.
Residents of Belknap, Carroll, Coos, Grafton, Merrimack, Rockingham, or Sullivan counties file divorce actions at their county's Circuit Court, Family Division. Residents of Cheshire, Hillsborough, or Strafford counties file in their county's Superior Court.
If multiple Family Division locations exist within a county, file in the location for the town where you reside. When filing a joint petition, you may file in either party's town location.
Required Documents for Filing for Divorce
Filing for divorce in New Hampshire requires specific documents submitted to the court clerk.
Individual Petition Documents
An individual filing for divorce must submit a Petition for Divorce and a Personal Data Sheet. The petition includes the heading identifying it as a New Hampshire court document, the caption stating the court name and case parties, allegations setting forth necessary facts, requests for relief asking the court to issue specific orders, and your notarized signature confirming everything is true.
The Personal Data Sheet provides the court with basic information about both parties, including names, addresses, birth dates, and other identifying information.
Joint Petition Documents
When both spouses agree to obtain a divorce, even if they disagree on property division or other issues, they can file a Joint Petition for Divorce along with a Personal Data Sheet. Both spouses must sign the joint petition and have their signatures notarized.
Filing a joint petition provides significant advantages, including eliminating the requirement to serve the non-filing spouse with legal papers, reducing costs and delays, and demonstrating cooperation that may facilitate settlement negotiations.
Additional Required Forms
Every divorce requires a Financial Affidavit detailing income sources and amounts, taxes, debts, asset values, budgets, and employment information. A Certificate of Divorce, Legal Separation, or Annulment form must be completed before a divorce can become final.
If you have minor children, you must also file a Uniform Support Order and Child Support Guidelines Worksheet.
The Filing Process
Understanding the filing process helps ensure your paperwork is properly submitted and your case proceeds without delays.
Submitting Your Petition
Filing means submitting a document to the court. You file documents at the Clerk of Court's office in the courthouse. Submit the original signed and notarized petition along with two copies. You must also pay a filing fee at the time of filing.
The court clerk will issue a case number when you file your petition. This number identifies your case throughout all proceedings and should appear on all future documents you file.
Filing Fee and Fee Waiver
New Hampshire charges a filing fee for divorce petitions. If you cannot afford the fee, you can file a Motion to Waive Filing and Service Fees along with a Financial Affidavit. The Financial Affidavit requires detailed information about your finances under oath. The judge will review your motion and financial affidavit to determine whether to allow you to proceed without paying the filing fee.
Service of Process
After filing, the respondent must receive proper notice of the divorce action.
Service Requirements for Individual Petitions
The respondent must receive notice through one of three methods: the respondent can go to the court to pick up the papers, the petitioner can send papers by certified mail, or the petitioner can have the sheriff serve papers on the respondent. If notice is not provided by one of these methods, the filing is invalid.
After receiving Orders of Notice from the court (typically several weeks after filing), you must serve both the original and the copy marked "service" on the respondent. Keep the copy marked "copy" for your records.
Return of Service
After completing service, you must file the Return of Service with the court. This document proves the respondent received proper notice, making future court orders binding on them. If you use the sheriff for service, the sheriff will return one copy with the Return of Service attached. Make a copy for yourself and file the complete package with the court.
Without a filed Return of Service, your case may not proceed to a hearing.
Orders of Notice
Orders of Notice are court orders that apply to you immediately and to the respondent after service.
Orders of Notice
Read Orders of Notice thoroughly as they contain important instructions and restrictions. These orders typically prohibit both parties from transferring, selling, or disposing of marital property, canceling insurance policies, or taking children out of state without permission. Violating these orders can result in contempt of court.
Orders of Notice also include instructions for properly serving the respondent and information about upcoming court dates or requirements.
Child Impact Seminar
When minor children are involved, both parents must attend a mandatory Child Impact Seminar.
Seminar Requirements
The Child Impact Seminar educates parents about how children are affected by divorce, considering different impacts based on children's ages. Both parties must attend as soon as possible after filing, but no later than 45 days after the respondent is served.
Failure to attend can result in being called into court to explain, held in contempt, or denied participation in future proceedings. The seminar is mandatory regardless of circumstances, and completing it is required before any permanent agreement will be ordered.
After attending, you receive a certificate of completion that must be submitted to the court before your final hearing.
Temporary Hearings and Orders
Temporary hearings address immediate issues that need court decisions while the divorce is pending.
Requesting Temporary Orders
Either party may request a temporary hearing to obtain court rulings on handling budgets, assets, living arrangements, child custody, and support during the divorce process. File a Motion for Temporary Orders requesting the court hearing.
Seven days before the temporary hearing, both parties must file and exchange Financial Affidavits, proposed temporary decrees, and proposed parenting plans if children are involved.
Temporary Decree
The temporary decree sets forth temporary rules regarding insurance payments, alimony, child support, vehicle and property use, who lives in the marital home, and debt payment responsibility. These orders remain in effect until the final divorce decree is issued.
Discovery and Financial Disclosure
New Hampshire requires mandatory disclosure of financial information in divorce cases.
Mandatory Initial Self-Disclosure
Each party must disclose certain financial information to the other party within 45 days of the service date, unless the parties agree to a different timeframe or the court orders otherwise. This disclosure includes income documentation, tax returns, bank statements, retirement account information, and other financial records.
Completing mandatory disclosure ensures both parties have access to financial information necessary for fair property division and support determinations.
Court Scheduling and Hearings
The type of court where you file affects how your case is scheduled.
Superior Court Scheduling
In Superior Court, if you requested temporary orders, the Orders of Notice will include the date and time of the temporary hearing. Without temporary orders, the notice typically includes only the date and time of the structuring conference.
Family Division Scheduling
In the Family Division, Orders of Notice typically do not include hearing dates. After service is completed, both parties receive a First Appearance notice. The First Appearance occurs within 30 days after service in cases with minor children.
Both parties must attend the First Appearance, where the judge or master explains the court process, Child Impact Seminar requirements, Parenting Plans, Financial Affidavits, and other required documents.
Structuring Conferences and First Appearances
These proceedings allow the court to evaluate how the case will progress. Bring your calendar, as the judge may schedule the next events during these proceedings. Both provide opportunities to discuss settlement, identify contested issues, and establish timelines for completing required steps.
Parenting Plans for Cases with Minor Children
When minor children are involved, you must file a Parenting Plan addressing custody and parenting time.
Parenting Plan Requirements
New Hampshire requires Parenting Plans in all divorce and legal separation actions involving minor children. Parents should work together to agree on as many provisions as possible, though exceptions apply when there is evidence of domestic violence, child abuse, neglect, or other circumstances that the court excuses.
Parenting Plans must address decision-making responsibility (legal custody), residential responsibility (physical custody), parenting schedule (visitation), legal residence for school attendance, transportation and exchange of children, information sharing and access, including telephone contact, relocation procedures, methods for reviewing and adjusting the plan, and dispute resolution procedures.
Both temporary and final Parenting Plans must be filed. Parties may use the court's form or create their own using the same numbering system.
Default Proceedings
When the respondent fails to respond to the divorce petition, default proceedings may occur.
Default Hearing Requirements
If the court has not received a timely response from the respondent and you have requested a default, a default hearing will be scheduled no less than 30 days from your written request. Before the default hearing, you must file a military affidavit, vital statistics form, non-cohabitation affidavit, proposed decree, current Financial Affidavit, Parenting Plan (if applicable), Uniform Support Order, and Child Support Guidelines Worksheet (if child support is ordered), and a certificate showing these documents were forwarded to the respondent.
Incomplete or incorrectly served petitions will be dismissed.
Final Hearing and Decree
The final hearing concludes your divorce case.
Preparing for Final Hearing
Before the final hearing, prepare and file a final decree on divorce that includes all agreements on property division, support, parenting arrangements, and other issues. Both parties should review this decree carefully as it becomes the binding court order governing post-divorce rights and obligations.
The Final Hearing
At the final hearing, at least one party must appear, though both may attend. The court asks brief questions to ensure the agreement is fair and all requirements are satisfied. If everything is in order, the judge signs the decree and finalizes your divorce.
Finality of Divorce Decree
Understanding when your divorce becomes final is important for remarriage and other legal purposes.
When Divorce Becomes Final
Decrees in uncontested matters where parties filed a permanent agreement become final on the date the judge signs them. Contested and default actions become final on the 31st day from the date of the clerk's notice of decision.
If either party files a timely Motion for Reconsideration or appeal, the decree is not final until 30 days after the ruling on those motions or after the appellate decision.
All divorce cases placed on hold that remain inactive for six months will be dismissed unless there is a request to reactivate the case.
While you can represent yourself in a New Hampshire divorce case, consulting with an attorney helps protect your rights, particularly when the case involves significant property, retirement accounts, business interests, or contested custody issues. Understanding the divorce process before you begin helps you make informed decisions about how to proceed with your case.