Start your divorce online in New Hampshire

Filing for divorce in New Hampshire is only possible if the courts have jurisdiction over the spouses and their children. Therefore, one of the following must be true:

• The petitioner (the spouse initiating the divorce) has lived in New Hampshire for 12 months;
• Both parties are living in NH when filing for divorce;
• The petitioner lives in NH, and the other spouse can be served with the papers in NH.

New Hampshire law provides several fault-based grounds (reasons) for divorce and one no-fault.

Spouses may request to be divorced using one of the following causes:

• Irreconcilable differences
• Adultery;
• Impotency;
• Extreme cruelty of one spouse to the other;
• Conviction of a crime with imprisonment for one year;
• One spouse caused severe injury to the other or endangered them;
• Abandonment for two years;
• Habitual drunkenness for two years;
• One spouse joined a sect and hasn’t cohabited with the other for six months.

If the spouses agree to get a divorce, they may file a Joint Petition and a Personal Data Sheet with the Superior Court where either spouse lives. The petitioner must file the original papers and make two copies of each form.

If the couples have minor children, they will also need to attend the Child Impact Seminar and file a Certificate of its completion. Other papers include a Parenting Plan, Financial Affidavits, and Vital Statistics form.

Filing fees for initiating a divorce in New Hampshire are approximately $250. If the spouses cannot afford this payment, they may request a fee waiver. However, the judge will only waive the filing fee if the spouse’s income does not exceed 150% of the state’s poverty level.

The petitioner must apply for waiving the court fees together with filing the initial papers. The proper document to do this is a Motion to Waive Filing Fee (Form NHJB-2759-SUP).

Serving the other party with copies of divorce papers depends on that party’s location and willingness to accept the service. The respondent may collect copies of the Petition and other forms from the court.

Otherwise, the petitioner can serve the papers using one of the following methods:

• hiring a sheriff to hand-deliver the divorce papers
• mailing by certified mail with return receipt requested
• by publication in a newspaper (if the respondent’s address is unknown)

New Hampshire does not impose a waiting period on spouses seeking to get divorced. Instead, they may send the case to a hearing after the petitioner files the proof of service with the court (or the return receipt).

However, if the spouses have minor children, the spouses must attend a four-hour seminar about the impact of divorce on children. They must also participate in a First Appearance session where a judge or a case manager will explain the divorce procedure.

The parties must file several divorce forms before the final hearing including a Final Decree on Divorce, Parenting Plan, a Child Support Worksheet, and a few others.

The judge may ask the spouses several questions during the hearing. If the divorce is amicable, at least one of the parties must be present. If the judge finds the proposed terms fair, the judge will issue the final judgment. The divorce is final once this document is filed with the clerk.