Last updated 2026-07-10
TL;DR
A New Hampshire uncontested divorce needs a Petition for Divorce, a Financial Affidavit from each spouse, a Parenting Plan if you have kids, and a Final Decree. You file at your county Superior Court. Fees run about $290. Every form is free at courts.nh.gov. Most people finish in 3 to 6 months without a lawyer.
What forms do you need to file for divorce in New Hampshire?
The exact stack depends on two things: whether you have minor children and whether you and your spouse agree on everything. A straightforward uncontested divorce with no kids needs four core documents. Add children and you add at least two more.
Here is the core form list for an uncontested NH divorce:
| Form | Form Number | Required For |
|---|---|---|
| Petition for Divorce or Legal Separation | NHJB-2053-Se | Everyone |
| Financial Affidavit | NHJB-2065-Se | Everyone |
| Uniform Support Order | NHJB-2052-Se | Cases with child or spousal support |
| Parenting Plan | NHJB-2070-Se | Cases with minor children |
| Permanent Stipulation (Settlement Agreement) | No standard number; court-specific | Uncontested cases |
| Final Decree of Divorce | NHJB-2060-Se | Everyone (judge signs this) |
| Military Affidavit (Servicemembers Civil Relief) | NHJB-2069-Se | Everyone (confirms spouse's military status) |
New Hampshire's Superior Court handles all divorces. The NH Judicial Branch keeps the current, official versions of these forms on its self-help center page [1]. Skip the random legal websites. The court updates its forms periodically, and clerks reject outdated versions.
Several of these are what the court calls fillable PDFs. You type straight into them on your computer, which matters because handwritten forms sometimes come back rejected. Print double-sided only if your court allows it. Call your county clerk to confirm before you print a 30-page packet.
Where do you get the official NH divorce forms?
Start at the NH Judicial Branch Self-Help Center [1]. The address is courts.nh.gov, and the self-help section sits one click from the homepage. Every form above is there as a free PDF. No account, no subscription, no fee.
Your county Superior Court clerk's office also stocks paper copies. New Hampshire has ten Superior Court locations, one per county. Rockingham, Hillsborough, and Merrimack process the most divorces because that is where the people are, but the forms and the process are identical statewide [2].
Want everything pre-assembled and sorted? That is what a document service does. DivorceClear, for example, packages the full uncontested divorce form set for $149 with filing instructions specific to your county. Worth it if you want the stack sorted for you. Not necessary if you are comfortable reading court instructions carefully.
One thing to know: some counties post their own supplemental local rules or cover sheets. Hillsborough County sometimes wants a case information form that is not on the statewide site. Check your county court's page under "local rules" before you finalize your packet [2].
How do you fill out the NH Petition for Divorce (NHJB-2053-Se)?
The Petition for Divorce opens your case. The spouse who files it is the Petitioner. The other spouse is the Respondent.
The petition asks for both spouses' full legal names and addresses, the date and place of marriage, the county where you live (this sets venue), the grounds for divorce, whether there are minor children, and the relief you want (property division, spousal support, custody arrangements, name restoration).
New Hampshire is a fault and no-fault state. The common ground for an uncontested divorce is irreconcilable differences under RSA 458:7-a [3]. That phrase means the marriage has broken down and there is no reasonable chance of reconciliation. You prove nothing and blame no one. Nearly every uncontested divorce uses this ground.
The "relief requested" section is where you tell the court what you want. Be specific. If you want your maiden name restored, say so here in plain words, because you cannot easily add it later. If you are waiving alimony, state that clearly. In an uncontested case the judge grants what you ask for, so a sloppy request produces a sloppy decree.
Both spouses do not sign the petition. Only the Petitioner signs it, under oath, before a notary or court clerk. The Respondent later signs a Waiver of Service or an Appearance form to show they got the petition and agree to take part.
What is the NH Financial Affidavit and how do you complete it?
The Financial Affidavit (NHJB-2065-Se) is the most time-consuming document in the packet. Both spouses file one separately. It is a sworn statement of income, expenses, assets, and debts [1].
The form runs several pages. It asks for monthly income from every source (wages, self-employment, rental income, Social Security, anything else), monthly expenses by category, and a full inventory of property (real estate, vehicles, bank accounts, retirement accounts, investments) plus debts (mortgage balance, car loans, credit cards, student loans).
A few practical notes:
Use gross income, not take-home. The form asks for gross monthly income, and the math matters because child support and alimony calculations reference it.
Be accurate on retirement accounts. Many people undervalue them or forget them entirely. Pull your latest statement and list the current balance.
Sign it before a notary. The affidavit is sworn under penalty of perjury. An unnotarized one comes back rejected.
Even if you and your spouse already agreed on property division in your Permanent Stipulation, you still file the Financial Affidavit. The court uses it to check the deal for fairness, especially when children are involved. NH courts can reject a settlement they find grossly one-sided [3].
Do you need a Parenting Plan if you have kids?
Yes. Any divorce with minor children requires a Parenting Plan (NHJB-2070-Se) [1]. It is not optional and it is not a formality. The plan governs where your children live, when each parent has parenting time, how decisions about education and healthcare get made, and how disputes get resolved.
New Hampshire courts strongly prefer that parents write their own plan rather than have a judge impose one. In an uncontested divorce, both spouses agree on the plan and submit it together. The court reviews it against the best-interest standard under RSA 461-A:6 [4].
The form has three main sections. First is decision-making responsibility, covering major decisions about education, healthcare, religious upbringing, and activities. Second is residential responsibility, which is the physical schedule. Third is dispute resolution, which describes how you handle disagreements before going back to court.
NH switched to a parenting rights and responsibilities framework in 2005 under RSA 461-A, dropping the old custody language [4]. Judges are not supposed to prefer one parent based on gender. Schedules vary a lot in practice. A 2-2-3 rotation is a common starting point for younger kids, but the form lets you write in whatever you agreed to.
Want a rough sense of how child support interacts with your schedule? The child support calculator gives you a ballpark before you finalize the numbers in your stipulation.
What is the Permanent Stipulation and why does it matter most?
The Permanent Stipulation is your divorce agreement. It is where you and your spouse spell out exactly how you divide everything: the house, retirement accounts, bank accounts, debts, personal property, and any spousal support. For an uncontested divorce, this is the whole ballgame.
New Hampshire has no single state-mandated Permanent Stipulation form, which surprises a lot of people. Some county courts have their own templates. Others expect you to draft the document yourself or pull one from a legal self-help resource. The NH Judicial Branch self-help center has guidance on what the document must contain [1].
At minimum, the stipulation has to address real property (who gets the house, what happens to the mortgage), all financial accounts, vehicles, retirement assets, debt allocation, spousal support (amount and duration, or a clear waiver), and, if there are children, a reference to the Parenting Plan.
Take the house. A stipulation that says "wife gets the house" is not enough. You need to specify whether the other spouse's name comes off the mortgage (which requires a refinance) and when a deed transferring title gets recorded. Vague property language triggers post-divorce fights that cost more than the divorce did.
Retirement accounts are their own headache. If your spouse has a 401(k) or pension you are entitled to part of, you cannot split it through the stipulation alone. You need a Qualified Domestic Relations Order (QDRO), a separate court order sent straight to the plan administrator. The QDRO gets drafted after the final decree, but reference the retirement split explicitly in your stipulation.
For how divorce papers work across states generally, that overview shows how NH's approach compares.
What are the NH divorce filing fees?
As of 2024, New Hampshire charges a $250 filing fee to open a divorce case in Superior Court [5]. The fee has been steady, but confirm it with your county court before you go in, since the legislature can change it.
On top of the base fee, most cases carry a $40 marital master fee, which brings the typical total to $290 [5]. A contested hearing can add more, but uncontested cases generally stop at $290.
Can't afford the fee? Apply for a waiver using Form NHJB-2339-Se, the Petition to Waive Filing Fee [1]. You show financial hardship. The rough standard is income at or near 150% of the federal poverty level, though judges have discretion.
Here is a cost breakdown for a typical DIY uncontested NH divorce:
| Cost Item | Typical Range |
|---|---|
| Court filing fee | $250, $290 |
| Notary fees (multiple documents) | $10, $40 |
| Certified copies of final decree | $5, $15 per copy |
| Service of process (if needed) | $30, $75 |
| QDRO preparation (if retirement accounts) | $300, $1,500 |
| Total DIY (no retirement split) | ~$290, $420 |
In a true DIY divorce you pay no lawyer, and that is where the savings live. A contested NH divorce with attorneys runs far higher. The NH Bar Association notes that attorney fees in family law cases often top $5,000 per side [6].
How do you file NH divorce forms with the court?
You file in person or by mail at your county's Superior Court. New Hampshire does not yet offer statewide e-filing for family law cases, though the court system keeps expanding its e-filing program in stages [2].
Here is the sequence:
1. Complete and notarize all required forms. The Petition and both Financial Affidavits need notarization at minimum.
2. Make copies. Bring three sets: one for the court, one for your spouse, one for you.
3. File at the Superior Court clerk's office in the county where either spouse lives. Pay the $250 to $290 filing fee. The clerk stamps your petition and assigns a case number.
4. Serve the Respondent. Even in an uncontested divorce, the law requires formal notice. Easiest route: have your spouse sign a Waiver of Service form (NHJB-2058-Se) before you file, and submit it with your initial packet [1]. If your spouse won't sign the waiver, you need formal service by the county sheriff or a certified process server.
5. File the Response. In an uncontested case, the Respondent files a simple Appearance form (NHJB-2056-Se) within 30 days.
6. Submit your agreement. File the signed Permanent Stipulation and the Parenting Plan if you have children.
7. Attend the final hearing. NH courts usually require a brief final hearing even in uncontested cases. Some counties handle it as a short in-person appearance. Others allow it by Zoom. The marital master reviews your documents, asks a few questions to confirm the agreement is voluntary, and signs off.
8. Get the Final Decree. The signed Final Decree of Divorce (NHJB-2060-Se) is the document that legally ends your marriage. Order at least two certified copies from the clerk the day it is entered. You need them for name changes, deed transfers, and beneficiary updates.
How long does an uncontested NH divorce take?
New Hampshire has a mandatory 60-day waiting period from the filing date before the court can enter a final decree [3]. That comes from RSA 458:7-b. In practice, uncontested divorces take 3 to 6 months from filing to final decree, depending on court scheduling and how fast both parties finish their paperwork.
Courts in populated counties like Hillsborough sometimes run longer calendars for final hearings. Rural counties move faster. There is no way to waive the 60 days.
If your paperwork has errors or missing forms, the clerk sends it back, and that resets your place in the scheduling line. This is the main reason people land at 5 or 6 months instead of 3: a rejected filing that sits on a kitchen counter for three weeks.
Get the forms right the first time. Read every instruction page. Have your spouse review the Financial Affidavit before you both sign. A missing notary stamp or a wrong form number adds weeks.
Can you file for divorce in NH without a lawyer?
Yes. New Hampshire supports self-represented litigants directly. The NH Judicial Branch runs a Self-Help Center at the John O. Huot Justice Building in Concord and posts resources online for people representing themselves, called pro se litigants [1]. Court staff can explain the process and point you to the right forms, but they cannot give legal advice.
For a genuinely uncontested divorce where both spouses agree on everything, self-representation is reasonable. The forms are built for non-lawyers. The language is plain. The steps run in order.
Here is where it gets hard: a business, a pension with a complex QDRO, a house with negative equity, or a spouse who agrees today and flips tomorrow. The DIY risk climbs fast. At that point, even one consultation with a divorce attorney to review your Permanent Stipulation can be worth $200 to $500 to dodge a $20,000 mistake.
Want to check whether your situation is truly uncontested before you start? The overview at divorce papers walks through the conditions that make a case a fit for DIY filing.
The NH Bar Association Lawyer Referral Service can connect you with a family law attorney if you decide you need one [6]. For a review of just your Permanent Stipulation rather than full representation, ask by name for "unbundled" or "limited scope" legal services, which NH recognizes under Rule 1.2(c) of the NH Rules of Professional Conduct.
What happens after the final decree is signed?
The decree ends the marriage legally, but several practical steps follow.
Name restoration: if you asked for it in the petition and the decree grants it, take the certified decree to the Social Security Administration first, then the DMV, then your bank and employer. The SSA name-change process is free and needs the original or certified marriage certificate plus the divorce decree [7].
Deed transfer: if real estate changed hands, a new deed needs to be drafted and recorded at the NH Registry of Deeds in the county where the property sits. The deed references the divorce decree. NH recording fees are typically $10 for the first page and $4 per additional page [8].
Retirement accounts: if your stipulation divided a retirement account, start the QDRO process immediately. Many plan administrators have their own QDRO forms and requirements. Some 401(k) plans take 3 to 6 months to process a QDRO after they get it.
Beneficiary updates: life insurance policies, retirement beneficiary designations, and payable-on-death bank accounts do not update on their own when you divorce. Change them now. NH law does not automatically revoke beneficiary designations on divorce (unlike some other states), so an ex-spouse still named on a policy can collect if you never update it [9].
Health insurance: if your spouse was on your employer plan, the divorce is a qualifying life event. You have 30 to 60 days from the decree date to remove them or move them to COBRA continuation. Miss the window and you wait for open enrollment.
If alimony is in your decree, document the payment method from day one. NH courts enforce support orders through income withholding when they have to.
What if your spouse won't sign or cooperate?
An uncontested divorce needs both spouses to cooperate. If your spouse refuses to sign the Waiver of Service, you move to formal service of process. You hire the county sheriff or a licensed process server to hand-deliver the petition. Once served, your spouse has 30 days to respond.
If they never respond within 30 days, you can request a default. A default does not mean automatic approval of everything you asked for. NH courts still review the petition and may require a hearing before entering the decree. But a non-responsive spouse cannot block the divorce forever.
If your spouse responds and contests the divorce, you no longer have an uncontested case. It moves into contested territory with discovery, possible mediation, and maybe a trial. New Hampshire courts require mediation in contested divorce cases before setting a trial, under Superior Court Rule 170 [2].
The moment a case turns contested, the cost and timeline multiply. A divorce attorney becomes close to necessary. That is not a judgment about anyone's character. It is the reality of litigated family law.
Frequently asked questions
What is the filing fee for divorce in New Hampshire?
The base filing fee is $250, plus a $40 marital master fee in most cases, for a typical total of $290. If you cannot afford it, file Form NHJB-2339-Se to request a fee waiver. You pay at the Superior Court clerk's office in your county when you submit the initial petition.
How long does an uncontested divorce take in NH?
At minimum 60 days, because RSA 458:7-b bars finalizing a divorce before 60 days from filing. In practice, most uncontested cases take 3 to 6 months from filing to final decree, depending on court scheduling, form completeness, and how quickly both spouses respond to each step.
Do both spouses have to sign the divorce petition in New Hampshire?
No. Only the Petitioner (the spouse who files) signs the Petition for Divorce. The Respondent acknowledges the case by signing either a Waiver of Service form or an Appearance form after the petition is filed. Both spouses must sign the Permanent Stipulation, their Financial Affidavits, and the Parenting Plan.
What grounds do you use for an uncontested divorce in NH?
Almost every uncontested divorce uses irreconcilable differences under RSA 458:7-a. It is the state's no-fault ground, so you do not have to prove wrongdoing by either spouse. You simply state that the marriage has broken down irretrievably with no reasonable prospect of reconciliation.
Where do you file NH divorce forms?
At the Superior Court clerk's office in the county where you or your spouse lives. New Hampshire has ten county Superior Courts. You file in person or by mail. As of this writing, statewide e-filing for divorce is not available in NH, though the court system is expanding e-filing in some case types.
Do I need a lawyer to get divorced in New Hampshire?
No. New Hampshire allows self-represented (pro se) filings, and the NH Judicial Branch Self-Help Center provides free forms and instructions. For genuinely uncontested cases with straightforward finances, DIY is feasible. If you have a business, pension, real estate dispute, or an uncooperative spouse, paying for at least a limited-scope attorney review is worthwhile.
What is a Permanent Stipulation in an NH divorce?
It is your written divorce settlement agreement. It covers property division, debt allocation, spousal support, and (by reference) your Parenting Plan if you have children. NH has no single mandatory state form for it; some counties offer templates. Both spouses sign it, and the court reviews and approves it before the final decree issues.
Do you have to go to court for an uncontested divorce in New Hampshire?
Usually yes, at least once. Most NH counties require a brief final hearing before the marital master signs the decree. Some courts now allow this hearing by Zoom. The hearing is typically short (15 to 30 minutes) and mostly confirms that both spouses signed voluntarily and understand the agreement. You do not need to bring witnesses.
What is the NH Financial Affidavit and who has to file it?
Form NHJB-2065-Se is a sworn statement of each spouse's income, monthly expenses, assets, and debts. Both spouses file one separately. It must be notarized. The court uses it to review the fairness of the settlement, especially when children are involved. Omitting assets or understating income is perjury.
Can you get a Qualified Domestic Relations Order (QDRO) as part of your NH divorce?
Yes. If your settlement divides a 401(k), 403(b), or pension, you need a QDRO in addition to the Permanent Stipulation. The QDRO is a separate court order sent to the retirement plan administrator, usually prepared after the final decree is entered. Cost ranges from $300 for a simple 401(k) QDRO to over $1,500 for complex pensions.
How do you restore your maiden name in an NH divorce?
Request it explicitly in your Petition for Divorce. If the decree grants it, take your certified decree to the Social Security Administration first to update your Social Security record, then use the updated card to change your driver's license at the NH DMV, then update your bank accounts, employer records, and passport.
What forms do you need for an NH divorce with no children?
At minimum: Petition for Divorce (NHJB-2053-Se), a Financial Affidavit (NHJB-2065-Se) from both spouses, Military Affidavit (NHJB-2069-Se), Permanent Stipulation, and the Final Decree of Divorce (NHJB-2060-Se). If either spouse waives service, add the Waiver of Service (NHJB-2058-Se). No Parenting Plan is needed when there are no minor children.
Does New Hampshire have a residency requirement for divorce?
Yes. Under RSA 458:5, at least one spouse must have been a domiciliary of New Hampshire for at least one year before filing, or the cause of divorce arose in New Hampshire and at least one spouse is domiciled there at the time of filing. You file in the county where either spouse lives.
Can you get NH divorce forms online for free?
Yes. Every standard NH divorce form is available as a free fillable PDF on the NH Judicial Branch website at courts.nh.gov. You do not need to pay to access them. If you want the forms pre-organized with county-specific filing instructions, document preparation services charge $149 to $300 for that package.
Sources
- NH Judicial Branch, Self-Help Center, Family Law Forms: Official source for all NH divorce forms including NHJB-2053-Se, NHJB-2065-Se, NHJB-2070-Se, NHJB-2060-Se, and fee waiver form NHJB-2339-Se
- NH Superior Court, Local Rules and Administrative Orders: Superior Court handles all NH divorces; county-specific local rules and mediation requirement under Superior Court Rule 170
- NH RSA 458, Divorce and Separation (NH Legislature): RSA 458:7-a establishes irreconcilable differences as a no-fault ground; RSA 458:7-b imposes 60-day waiting period before final decree
- NH RSA 461-A, Parental Rights and Responsibilities (NH Legislature): RSA 461-A:6 sets the best-interest standard for parenting plans; RSA 461-A replaced custody terminology in 2005
- NH Judicial Branch, Filing Fees Schedule: Divorce filing fee is $250 plus $40 marital master fee for a typical total of $290
- NH Bar Association, Lawyer Referral Service: NH Bar Association provides lawyer referral; attorney fees in family law cases often exceed $5,000 per side
- Social Security Administration, Name Change After Divorce: Name restoration after divorce requires certified divorce decree and original marriage certificate at SSA before other agencies
- NH Registry of Deeds, Recording Fee Schedule: NH deed recording fees are $10 for first page and $4 per additional page
- NH RSA 551-A, Revocable Trusts and Beneficiary Designations (NH Legislature): NH law does not automatically revoke beneficiary designations upon divorce; manual updates required after decree
- NH RSA 458:5, Domicile Requirement (NH Legislature): At least one spouse must be domiciled in NH for one year prior to filing, or the cause of divorce arose in NH