Uncontested Divorce Petition Packet - New Hampshire

NEW HAMPSHIRE UNCONTESTED DIVORCE — PETITION FOR DIVORCE FILING PACKET

PART 1 — PRE-FILING ELIGIBILITY & JURISDICTION CHECKLIST

☐ Residency / jurisdiction (RSA 458:5): Jurisdiction over the parties exists ONLY in these cases:
☐ Both parties were domiciled in New Hampshire when the action was commenced (no minimum time); OR
☐ The plaintiff was domiciled in NH and the defendant was personally served with process within the state; OR
☐ The plaintiff was domiciled in NH for one year next preceding the time the action was commenced.
☐ Grounds (no-fault): Irreconcilable differences which have caused the irremediable breakdown of the marriage. (RSA 458:7-a) In a § 458:7-a case, allegations or evidence of specific acts of misconduct are improper and inadmissible (with narrow exceptions for parental-rights and proof-of-grounds issues).
☐ Waiting period: New Hampshire imposes no mandatory statutory waiting period. An uncontested divorce can often be finalized in roughly 2–3 months, limited by court scheduling and any mandatory programs.
☐ Full agreement (uncontested): Both spouses agree on parental rights and responsibilities, child support, property division, debts, and alimony.
☐ Court: File in the Circuit Court — Family Division in the county where either spouse lives.
☐ Note: The court's findings and decree may be based on oral testimony or written stipulations of the parties. (RSA 458:7-a)

Filing-fee estimate: approximately $280 (cases without minor children; higher with minor children) at the Circuit Court — Family Division. Fee waivers available on written request for qualifying filers. Verify the current fee with the Family Division clerk.

PART 2 — COURT CAPTION (used on all pleadings)

PART 3 — PETITION FOR DIVORCE (RSA 458:7-a)

1. TYPE OF PETITION

☐ Joint petition — both spouses sign and file together (no service step).
☐ Single petition — one spouse files; the other is served or files an Appearance/Acceptance of Service.

2. RESIDENCY / JURISDICTION (RSA 458:5)

☐ Both parties were domiciled in NH when this action was commenced; OR
☐ Petitioner was domiciled in NH and Respondent will be personally served within NH; OR
☐ Petitioner has been domiciled in NH for one year preceding commencement of this action.

3. MARRIAGE FACTS

• Date of marriage / civil union: [__/__/____]
• Place of marriage: [____________________]
• Date of separation (if any): [__/__/____]

4. GROUNDS (RSA 458:7-a)

☐ Irreconcilable differences have caused the irremediable breakdown of the marriage.

5. CHILDREN

☐ There are no minor children of the marriage and the wife is not pregnant.
☐ The minor children are:

☐ If minor children, attach a Parenting Plan (RSA 461-A) and a Child Support Guidelines Worksheet (RSA 458-C). NH may require completion of the Child Impact Program (mandatory parent education).

6. PARENTAL RIGHTS & CHILD SUPPORT (if applicable)

• Parental rights and responsibilities: ☐ Joint decision-making ☐ Sole decision-making to [_________] (RSA 461-A)
• Residential / parenting schedule: [________________________________]
• Child support: $[__________]/month under the NH Child Support Guidelines (RSA 458-C).

7. PROPERTY, DEBTS & ALIMONY (RSA 458:16-a, 458:19)

☐ The Parties have resolved all property, debt, and support issues by written agreement (attach — Part 6).
☐ The Court is requested to equitably divide property and assign debts under § 458:16-a (which presumes an equal division is equitable, subject to enumerated factors).

8. NAME RESTORATION

☐ Restore [Petitioner / Respondent] former/maiden name: [________________________________].

9. RELIEF REQUESTED

Petitioner requests that the Court grant an absolute divorce on the ground of irreconcilable differences and ☐ approve and incorporate the attached agreement and parenting plan ☐ order child support ☐ equitably divide property and debts ☐ award alimony as appropriate ☐ restore the former name above.

Verification (under penalty of perjury):
Petitioner: [________________________________] Date: [__/__/____]
☐ (Joint petition) Respondent: [________________________________] Date: [__/__/____]

PART 4 — SERVICE, APPEARANCE & ACCEPTANCE OF SERVICE

☐ Single petition: Respondent is served; Respondent files an Appearance and may file a response.
☐ Acceptance of Service: In an uncontested case, Respondent signs an Acceptance of Service, eliminating the need for formal service.
☐ Joint petition: Both spouses sign — no service step is required.
☐ Written stipulation: Under RSA 458:7-a, the decree may be based on written stipulations of the parties rather than live testimony.

PART 5 — FINANCIAL DISCLOSURE

☐ Each spouse has completed and exchanged the Financial Affidavit required by the Family Division (NHJB-2065-F or current version) where property, support, or alimony is at issue.
☐ Child Support Guidelines Worksheet completed (cases with minor children) under RSA 458-C.
☐ Supporting documents (income, accounts, retirement statements) exchanged.

PART 6 — PERMANENT STIPULATION / MARITAL SETTLEMENT AGREEMENT (incorporated)

PERMANENT STIPULATION / MARITAL SETTLEMENT AGREEMENT

This Agreement is entered on [__/__/____] by [PETITIONER] and [RESPONDENT] ("the Parties").

Recitals

1. The Parties were married/joined on [__/__/____] at [____________________] and separated on [__/__/____].
2. There ☐ are ☐ are no minor children of the marriage.
3. The Parties have exchanged full financial disclosure and intend to settle all issues by written stipulation under RSA 458:7-a.

Article 1 — Equitable Division of Property (RSA 458:16-a)

To Petitioner: [____________________________________________________________]
To Respondent: [____________________________________________________________]

Article 2 — Real Property

☐ The Parties own no real property.
☐ The real property at [________________________________] shall be: ☐ awarded to Petitioner ☐ awarded to Respondent ☐ sold and net proceeds divided [____]% / [____]%.

Article 3 — Retirement Accounts / QDRO

☐ Each Party retains his/her own retirement accounts.
☐ The [____________________] account shall be divided [____]% / [____]% by Qualified Domestic Relations Order.

Article 4 — Debts

Petitioner assumes and holds Respondent harmless from: [________________________________]
Respondent assumes and holds Petitioner harmless from: [________________________________]

Article 5 — Alimony (RSA 458:19, 458:19-aa)

☐ Both Parties waive alimony.
☐ [Party ____] shall pay [Party ____] $[__________]/month for [____] months (term alimony generally capped at 50% of the difference in the parties' net incomes and at 50% of the length of marriages under 20 years).

Article 6 — Parental Rights & Child Support (if applicable) (RSA 461-A, 458-C)

• Parental rights and responsibilities: ☐ Joint decision-making ☐ Sole decision-making to [_________]
• Residential / parenting schedule: [____________________________________________________________]
• Child support: $[__________]/month under the NH Child Support Guidelines; health insurance by ☐ Petitioner ☐ Respondent; uninsured medical shared [____]% / [____]%.

Article 7 — Mutual Releases

Each Party releases the other from all claims arising from the marriage except as set forth herein.

Petitioner: [________________________________] Date: [__/__/____]
Respondent: [________________________________] Date: [__/__/____]

PART 7 — DECREE OF DIVORCE (Proposed Order) (RSA 458:7-a)

DECREE

The Court, finding jurisdiction under RSA 458:5 and that irreconcilable differences have caused the irremediable breakdown of the marriage (RSA 458:7-a), and approving the parties' written stipulations, orders, adjudges, and decrees:

1. A divorce from the bonds of matrimony is granted to the Parties [PETITIONER] and [RESPONDENT], who are restored to the status of single persons.

2. Parental Rights & Support: The attached Parenting Plan is approved; child support is ordered per RSA 458-C: [________________________________]

3. Property & Debts: Divided as set forth in the Permanent Stipulation under § 458:16-a.

4. Alimony: ☐ None ☐ As stated: [________________________________]

5. Name Restoration: ☐ Granted: [________________________________].

6. Other Orders: [________________________________]

Date: [__/__/____] Judge / Marital Master, Circuit Court — Family Division: [________________________________]

PART 8 — STEP-BY-STEP FILING PROCEDURE

1. Confirm jurisdiction under RSA 458:5 (both domiciled, OR plaintiff domiciled + in-state service, OR plaintiff 1-year domicile).
2. Complete forms: NHJB-2056-FP (no minor children) or NHJB-2087-FP (with minor children); Personal Data/Confidential Information sheet; Parenting Plan and Child Support Guidelines Worksheet if children.
3. File at the Circuit Court — Family Division clerk in your county; pay ~$280 (or more with children; request a fee waiver if needed).
4. Single petition: serve Respondent or obtain an Acceptance of Service. Joint petition: both sign — no service step.
5. Complete required programs — e.g., the Child Impact Program where minor children are involved.
6. Exchange Financial Affidavits and resolve all issues by written Permanent Stipulation (Part 6).
7. Submit for decree — uncontested cases may be decided on the written stipulations (RSA 458:7-a) or after a brief hearing. There is no mandatory waiting period.
8. Court enters the Decree of Divorce (Part 7).
9. Post-decree: record/retitle real estate; process QDROs; set up child support through the NH Division of Child Support Services; update beneficiaries; obtain certified copies.

PART 9 — NEW HAMPSHIRE FORMS QUICK REFERENCE

SOURCES AND REFERENCES

• N.H. Rev. Stat. Ann. § 458:7-a (Absolute Divorce; Irreconcilable Differences) — https://www.gencourt.state.nh.us/rsa/html/xliii/458/458-7-a.htm
• N.H. Rev. Stat. Ann. § 458:5 (Jurisdiction over the parties) — https://www.gencourt.state.nh.us/rsa/html/xliii/458/458-5.htm
• N.H. Rev. Stat. Ann. § 458:7 (Grounds); § 458:16-a (Property settlement); § 458:19 (Alimony)
• N.H. Rev. Stat. Ann. § 458-C (Child support guidelines); § 461-A (Parental rights and responsibilities)
• New Hampshire Judicial Branch — Forms and Fees — https://www.courts.nh.gov/resources/forms-and-fees

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. You must have this template reviewed and customized by a qualified attorney licensed in your jurisdiction before use. Do not use this template without professional legal review.