New Hampshire divorces are filed in the New Hampshire Circuit Court – Family Division. New Hampshire uses equitable distribution and offers a streamlined Joint Petition for Divorce when spouses agree.
New Hampshire provides several residency paths. You can file if both spouses live in New Hampshire, or if the respondent lives in New Hampshire, or if the petitioner lives in New Hampshire and the cause occurred here. File in the Family Division for your county. There is no fixed pre-filing separation or statewide post-filing waiting period.
Step 1: Choose your path and prepare forms.
For uncontested cases, complete a Joint Petition for Divorce with a signed Separation Agreement and financial affidavits. Otherwise, file a Petition for Divorce and Summons. With minor children, include a Parenting Plan and expect Parenting Class in most courts.
Step 2: File with the clerk.
File at the Family Division. Pay the filing fee or request a fee waiver if payment is a hardship. You’ll receive a case number and filing notices.
Step 3: Serve your spouse (if not joint).
Use sheriff or process server, or certified mail where permitted, or obtain a Waiver/Acceptance of Service. If you cannot locate your spouse despite diligent search, request alternate service. Keep proof of service.
Step 4: Track deadlines and disclosures.
A respondent typically has 30 days after service to answer. Exchange complete financial information early; clean disclosures keep settlement and court reviews moving.
Step 5: Settle or set a hearing.
If you settle, submit your Separation Agreement, child-related orders if applicable, and a proposed Decree. If issues remain, the court may schedule case management, mediation, and hearings.
Step 6: Final decree.
After review (and any required appearance), the judge issues a Decree of Divorce covering property and debt allocation, alimony if any, parental rights and responsibilities and child support where applicable, and any name change. Obtain certified copies.
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Do we need to be separated before filing in New Hampshire?
No. There is no mandatory separation to file.
Which court handles divorces in New Hampshire?
The Circuit Court – Family Division in your county.
How long does a New Hampshire divorce take?
Uncontested cases often finish after the 30-day response window and court review; timelines vary with disclosures, settlement, and the court calendar.