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Uncontested Divorce in New Hampshire

Requirements for an Uncontested Divorce in New Hampshire

To qualify for an uncontested divorce (called “dissolution of marriage”) in New Hampshire, the following must apply:
 

  1. Residency:
    You can file for divorce in New Hampshire if: 

    • Both spouses live in New Hampshire, or

    • The filing spouse lives in New Hampshire and the other spouse can be served in the state, or

    • The filing spouse has lived in New Hampshire for at least 1 year.
       

  2. Grounds for Divorce 

    • New Hampshire allows no-fault divorce based on “irreconcilable differences” that have caused the breakdown of the marriage.
       

  3. Full Agreement:

    Both spouses must agree on all major issues:

    • Division of property and debts

    • Alimony (spousal support), if any

    • Child custody, visitation, and support (if you have children)

Steps to File for an Uncontested Divorce:

  1. Complete the Required Forms

For an uncontested divorce with full agreement, you’ll generally need:

  • Joint Petition for Divorce (Form NHJB-2075-F)

  • Personal Data Sheet

  • Financial Affidavits from both spouses

  • Final Decree on Divorce

  • Parenting Plan and Uniform Support Order (if children are involved)

  • Child Impact Seminar Certificate (for parents)
     

Forms are available at: https://www.courts.nh.gov
 

2. File with the Family Division

  • File your completed forms with the Family Division of the New Hampshire Circuit Court in the county where either spouse lives.

  • Filing Fee: Typically $410, which includes administrative and court fees.

  • A fee waiver is available by submitting a Motion to Waive Filing Fee.


3. Submit Agreements

  • Include a Marital Settlement Agreement or indicate your full agreement in the Joint Petition and Final Decree.

  • Parents must file a Parenting Plan and attend a Child Impact Seminar (required for divorcing parents of minors).


4. Attend Hearing (If Required)

  • A hearing may be waived in fully uncontested cases if all paperwork is in order.

  • If a hearing is held, both spouses may be asked to confirm their agreement and answer a few questions.

5. Receive Final Decree

  • If the judge approves your agreement, a Final Decree of Divorce will be issued, completing the divorce.

Cost Considerations

  • Filing Fee: $410
     

  • Service Fee (If required): Waived if both parties file jointly
     

  • Attorney Flat Fee: $500–$1,200  (optional)
     

  • Online Divorce Services: $150–$350
     

  • Fee Waiver: Available based on financial need

Important Considerations

  • With Children:

    • Parenting Plan and Child Support Guidelines Worksheet required

    • Parents must attend a Child Impact Seminar

    • Court will ensure all child-related decisions are in the best interest of the child

  • Property Division:

    • New Hampshire uses equitable distribution—marital property is divided fairly, though not always equally

  • Legal Advice Recommended:​

    • While not required, having a lawyer review your agreements is wise, especially when real estate, retirement accounts, or parenting time is involved

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