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Filing for divorce in New Hampshire

What you file, where you file, what it costs, and the rules that catch people out. Compiled from New Hampshire court and statute sources.

How to read these entries.

This is general legal information compiled from state court websites, state statutes, and official self-help materials. It is not legal advice, and reading it does not create an attorney-client relationship with anyone.

Why we publish it. Most people meet the family law system once, at the worst moment of their life, knowing nothing about it. That gap is where people get overcharged and poorly served. This page exists so you can walk in already knowing roughly how your state works, ask sharper questions, and recognize when an answer does not sound right. It is here to help you hold your attorney to a standard, not to replace what they do.

Talk to a lawyer licensed in your state. That is the normal path, not a fallback for when something goes wrong. Nothing here can account for the facts of your marriage, your finances, or your children, and those facts are usually what determines the outcome. Many states also have free legal aid and court self-help centers, and we link to them by state.

Verify before you rely on anything. Every entry cites its source. Follow that citation to the official state site and confirm it still says what we say it says, and that it applies to your situation. Filing fees, form numbers, e-filing rules, and local standing orders change frequently, and a form number that was right last year can get your filing rejected today.

The same state can treat you very differently depending on whether your spouse agrees, whether you have minor children, whether you file jointly or alone, and which county or judge hears it. Waiting periods run from filing in some states and from service in others. Deadlines described here as fixed are the statutory default, and a judge may still have narrow discretion in an emergency.

If you are in danger, do not wait on any of these timelines. An order of protection is a separate and much faster process than a divorce, and it does not depend on any waiting period described on this page.

Your roadmap
What you file
NHJB-2057-F Petition for Divorce, or NHJB-2058-F Joint Petition when you file together
NHJB-2077-F Personal Data Sheet
NHJB-2065-F Financial Affidavit of Assets and Liabilities
Vital Statistics form, which must be completed before the divorce can be final
Parenting Plan and NHJB-2101-FS Child Support Guidelines Worksheet, if you have children
Child Impact Program certificate, from both parents
Temporary Decree, if you need orders before the case ends
NHJB-2759-SUP Motion to Waive Filing Fee
Where you fileCircuit Court, Family Division, in your county. Most people e-file through TurboCourt.
What it costsAbout $250 to $252 without minor children, or $282 with them. Waivable if income is under 150% of the poverty level.
The sequence
1. Confirm jurisdiction. You qualify if both spouses live in New Hampshire, if you have lived here a year, or if you live here and can serve your spouse in state.
2. Prepare the petition, notarize it, and file the original plus two copies, or e-file through TurboCourt.
3. A joint petition needs no service. With an individual petition, your spouse is notified by picking up the papers, certified mail, or the sheriff.
4. Attend the First Appearance session, where the court explains the process and schedules your next step. Bring your calendar.
5. If you have minor children, both parents complete the four-hour Child Impact Program within 45 days of filing. Missing that deadline brings sanctions.
6. Exchange financial affidavits and required disclosures, then request the final hearing. There is no waiting period, so uncontested cases often finish in 60 to 90 days.
Register for the Child Impact Program right after filing, since seats fill and the 45-day window is short. The divorce cannot be finalized without the Vital Statistics form and both certificates.
Court forms

New Hampshire files a Petition for Divorce in the Circuit Court, Family Division, usually through the TurboCourt online system. Filing fees run about $250 without minor children or $282 with them, waivable for low-income filers.

New Hampshire Judicial Branch: divorce formsOfficial Family Division divorce petitions and financial affidavits, filed through TurboCourt.
State rules and gotchas

No waiting period, no separation, one of the quicker states Verified Jul 2026

New Hampshire imposes no mandatory waiting or cooling-off period and requires no time living apart. Once service is done, an uncontested divorce can move straight to a final decree, often finishing in two to three months, while neighboring states make you wait months.

Source: RSA 458:7-a and current practice. Confirm the current rule with the court before relying on it.

Residency flexes with your situation Verified Jul 2026

If both spouses are domiciled in New Hampshire, either can file immediately with no minimum. If only you live here but you can serve your spouse in-state, there is also no waiting. Only when your spouse is out of state and cannot be served here does the one-year residency rule kick in.

Source: RSA 458:5. Confirm with the court.

An equal split is the starting point, and everything you own is in the pot Verified Jul 2026

New Hampshire presumes a 50/50 division and makes the judge give written reasons to deviate. It is also an all-property state, so premarital assets, gifts, and inheritances are all subject to division rather than automatically protected.

Source: RSA 458:16-a. Confirm with the court.

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