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) Specific misconduct allegations are generally improper under this ground, subject to the statute's limited exceptions.
☐ Full agreement (uncontested): Both spouses agree on parental rights and responsibilities, child support, property division, debts, and alimony.
☐ Court and filing location: File a new petition in the Circuit Court — Family Division in the county where the petitioner lives under Family Division Rule 2.3(B).
☐ 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: Check the current Circuit Court fee schedule. The Family Division may waive a fee for good cause shown under Rule 1.3(P).

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 respondent-service step).
☐ Individual petition — one spouse files; follow Rule 2.4 for notice and 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. PARTIES AND MARRIAGE FACTS

• Date of marriage: [__/__/____]
• City and state 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 born to or adopted by the parties before or during the marriage.
☐ The following minor children were born to or adopted by the parties before or during the marriage:

If minor children are listed, complete the sworn child-jurisdiction information below (RSA 458-A:20). Add rows or attach pages as needed.

☐ No other person has physical custody of, or claims custody or parenting rights concerning, a listed child.
☐ Other person(s): name, address, child, and claim: [________________________________].

☐ Neither party has participated in another custody or parenting proceeding concerning a listed child.
☐ Prior participation: court, state, case number, role, and order date: [________________________________].

☐ No other pending or prior proceeding affects the listed children or their parents.
☐ Other proceedings, including protection, paternity, adoption, juvenile, or related family matters: court, state, case number, type: [________________________________].

☐ In an individual petition, identifying information needs protection for a stated safety reason; attach the sworn statement contemplated by RSA 458-A:20(V): [________________________________].

☐ No TANF assistance has been provided for a listed child within the past six months, and no listed child currently receives Medicaid.
☐ TANF was provided within the past six months or Medicaid is currently provided; send the petition and Personal Data Sheet to the DHHS child-support legal unit as directed on the current court form.

To the parties' knowledge, is either party pregnant? ☐ Yes ☐ No.

If minor children are involved, file a separate signed Parenting Plan under Rule 2.18 and the required child-support documents under Rule 2.17. The parents generally must attend the child-impact seminar by the Rule 2.10 deadline.

6. PARENTAL RIGHTS & CHILD SUPPORT (if applicable)

• Proposed parenting relief (attach separate plan): [________________________________]
• Proposed child support (attach guideline worksheet and Uniform Support Order): [________________________________]

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

Jointly owned real estate? ☐ Yes ☐ No. Petitioner individually owns real estate? ☐ Yes ☐ No. Respondent individually owns real estate? ☐ Yes ☐ No.

☐ 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. TEMPORARY RELIEF REQUESTED, IF ANY

☐ Child support ☐ Parenting Plan ☐ Use of personal property and payment of debts ☐ Alimony ☐ Use of family home ☐ Other: [________________________________].

10. FINAL RELIEF REQUESTED

The petitioner (or both parties, on a joint petition) requests that the Court grant an absolute divorce on the ground of irreconcilable differences, divide property and debts as appropriate, and ☐ approve the attached settlement agreement ☐ approve the separate signed Parenting Plan ☐ enter a child support order ☐ award alimony ☐ restore the former name above ☐ order other relief: [________________________________].

Each signing party swears or affirms that the information above is true and correct to the best of that party's knowledge and acknowledges a continuing duty to report another court action affecting a listed child.

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

State: [________] County: [________]. Acknowledged before me on [__/__/____] by [____________________]. Notarial officer signature/title: [____________________]. Commission expires: [__/__/____]. Seal, if any: [________].

Petitioner's attorney signature, if represented: [____________________]. Printed name, address, telephone, and bar number: [________________________________].

For a joint petition: Respondent signature: [________________________________] Date: [__/__/____]

State: [________] County: [________]. Acknowledged before me on [__/__/____] by [____________________]. Notarial officer signature/title: [____________________]. Commission expires: [__/__/____]. Seal, if any: [________].

Respondent's attorney signature, if represented: [____________________]. Printed name, address, telephone, and bar number: [________________________________].

PART 4 — SERVICE, APPEARANCE & ACCEPTANCE OF SERVICE

☐ Individual petition: The court attaches a Notice to Respondent and appearance form. The respondent or counsel may accept service at court; otherwise follow the court's Rule 2.4 instructions for restricted certified mail or authorized officer service and file the required proof.
☐ Joint petition: Both spouses sign and acknowledge the petition; respondent service is not required on this route.
☐ 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 filed with the court and other party the Financial Affidavit (NHJB-2065-F or current version) where support or property division is involved, as Rule 2.16 requires.
☐ Where child support may be ordered, prepare the Child Support Guidelines Worksheet and current Uniform Support Order documents under Rule 2.17.
☐ 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 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 their own retirement accounts.
☐ The [____________________] retirement benefit shall be allocated [____]% / [____]%; the parties will prepare any plan-specific transfer or court order needed to implement that allocation: [________________________________].

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-a)

☐ Both Parties waive alimony.
☐ [Party ____] shall pay [Party ____] $[__________]/month for [____] months. If proposing term alimony, check RSA 458:19-a's qualified amount and duration rules, any agreement or court adjustment, and the required findings. Basis for this proposal: [____________].

Article 6 — Parental Rights & Child Support (if applicable) (RSA 461-A:6, 458-C:3)

• The parties' separate signed Parenting Plan, dated [__/__/____], states parental rights and the parenting schedule.
• Proposed support: [________________________________]. Attach the current guideline worksheet and Uniform Support Order documents; proposed medical support and expense sharing: [________________________________].

Article 7 — Mutual Releases

Except for obligations in this agreement or the decree and rights that cannot lawfully be waived, each party releases the other from financial claims arising from the marriage through the date of this agreement.

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

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

PROPOSED DECREE TERMS — TRANSFER TO CURRENT COURT FORM

Use the court's current Final Decree form, NHJB-2071-F, for filing. These proposed terms are for completing that form and for review by the court.

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, if applicable: The separately filed Parenting Plan is approved; child support is ordered through the required support order: [________________________________]

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, Circuit Court — Family Division: [________________________________]

PART 8 — STEP-BY-STEP FILING PROCEDURE

1. Confirm jurisdiction under RSA 458:5 and choose the individual or joint route.
2. Complete the current petition: NHJB-2057-F (individual) or NHJB-2058-F (joint), both usable with or without minor children. Include the Personal Data Sheet, NHJB-2077-F. Check this packet against the posted form before filing.
3. File in the petitioner-county Family Division location under Rule 2.3(B); consult the current fee schedule or request a Rule 1.3(P) waiver for good cause.
4. Individual petition: follow Rule 2.4 notice and service steps. Joint petition: both spouses sign and acknowledge the petition.
5. If there are minor children: attend the child-impact seminar as soon as possible and generally within 45 days after service under Rule 2.10. File a separate signed Parenting Plan under Rule 2.18 and use the required support documents under Rule 2.17.
6. File Financial Affidavits under Rule 2.16 where required and resolve agreed terms in the signed Permanent Stipulation (Part 6).
7. Submit current final forms and any written stipulation: the typewritten Vital Statistics Form (SOS/DVRA VS 14A), Final Decree NHJB-2071-F, and Uniform Alimony Order NHJB-3058-F if applicable. RSA 458:7-a permits findings based on written stipulations; the court determines whether a hearing or further materials are needed.
8. Court enters the Decree of Divorce on its current form.
9. Post-decree: implement real-estate transfers and retirement allocations; arrange ordered support payments; update beneficiaries; obtain certified copies as needed.

PART 9 — NEW HAMPSHIRE FORMS QUICK REFERENCE

SOURCES AND REFERENCES

• N.H. Rev. Stat. Ann. § 458:7-a (no-fault divorce) — https://gc.nh.gov/rsa/html/XLIII/458/458-7-a.htm
• N.H. Rev. Stat. Ann. § 458:5 (party jurisdiction) — https://gc.nh.gov/rsa/html/XLIII/458/458-5.htm
• N.H. Rev. Stat. Ann. §§ 458:16-a, 458:19, 458:19-a, 458:24, 458-A:20, 458-C:3, and 461-A:6
• New Hampshire Family Division Rules 2.3, 2.4, 2.10, 2.16, 2.17, and 2.18 — https://www.courts.nh.gov/rules-circuit-court-state-new-hampshire-family-division
• Individual Petition NHJB-2057-F and Joint Petition NHJB-2058-F
• Court filing guides for divorce without minor children and with minor children
• 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.