How to file for divorce in New Hampshire without a lawyer

Before you start

• You can file in New Hampshire if one of these is true:
  • you and your spouse live here, or
  • you have lived here for at least 1 year and your spouse is served divorce papers here, or
  • you live here, your spouse does not, but your spouse agrees the divorce can be done here
• You do not have to prove anyone was at fault. You can file for divorce on no-fault, “irreconcilable differences” which caused the breakdown of the marriage.
• A joint petition is simpler if you both agree. You both sign it in front of a notary, and your spouse does not have to be formally served.
• Children under 18 add steps: a parenting class, a First Appearance court event, and the addition of a Parenting Plan and child support forms.

The steps, in order

1. Choose a joint or individual petition. If you both agree to divorce, you can file a Joint Petition together and sign it together. If not, one of you files an individual Petition for Divorce and becomes the petitioner. The spouse becomes the responding party – the respondent.
2. Fill out the necessary forms to start. These are the Petition for Divorce (signed in front of a notary), the Personal Data Sheet and the Vital Statistics Form. If you have children, add the UCCJEA Affidavit, also notarized.
3. File in the right court and pay the filing fee. You file at the Circuit Court - Family Division, which is determined by the town where you/the petitioner live. Find your court by town. You file in-person or by mail with your filing fee. If you can’t afford the fee, you can ask the Court to reduce it or waive it, with a notarized Financial Affidavit.
4. Make sure your spouse gets official notice (individual petitions only). This is called “service.” The court mails your spouse a notice to pick up the divorce filing papers at the court within 10 days. If they do not, the court sends you papers that you must have the sheriff serve on your spouse, or send to your spouse by certified mail, restricted delivery. The proof from the sheriff, or proof of the certified mail is returned to you and you file the proof with the court.
5. If you have children under 18, complete the parenting steps. Both parents attend the First Appearance within 30 days of the responding party being served, complete the Child Impact Program within 45 days of service. You also prepare a Parenting Plan and the child support forms.
6. Exchange financial information. Each of you must complete a Financial Affidavit and share documents required by Family Court Rule 1.25-A which include tax returns, pay stubs and bank statements. The deadline to exchange is 45 days after the responding party was served, or 10 days before the first hearing, whichever comes first.
7. Next steps vary depending on the case. You can go to mediation and attempt to reach an agreement with the help of a neutral third party mediator, or you can reach an agreement and complete your court required paperwork without mediation. If you can’t reach an agreement, the Court will schedule a hearing, and the type of hearing depends on what each party wants to do. A Judge makes a decision after a hearing.

If you already agree on everything when you start, you can file the Final Decree, both parties’ Financial Affidavits and any additional documents for child support or alimony together with your joint Petition for Divorce.

What it costs

Paying the court by card adds 3%. If you cannot afford the fees, you can ask the court to reduce or waive them. Court fees are from its schedule dated July 1, 2025.

How long it takes

The court does not publish a typical timeline. The rules set the deadlines:

• Your spouse has 10 days to pick up the divorce papers at the court.
• Your spouse has 15 days after receiving the “Notice to Respondent” to file an Appearance.
• If you have children, the First Appearance is within 30 days from the date your spouse was served.
• Both parents have 45 days from the date the responding party was served to complete the Child Impact seminar.
• Both parties have 45 days from the date the responding party was served to exchange financial documents required in Rule 1.25-A.
• Once you and your spouse reach an agreement and inform the Court, you typically have 30 days to file your final agreed upon documents.
• The Judge can approve your final divorce decree without a hearing and it takes effect the day the Judge signs it.

New Hampshire doesn’t have a waiting period so the time your divorce will take from start to finish depends on whether the parties agree, children are involved and how marital property and debts are to be divided. Filing a Joint Petition without children can take 2-8 weeks. Filing an individual Petition, with children involved, without any agreement can take as long as 18-24 months.

The forms

Mistakes that slow a case down

• Unsigned or un-notarized forms. The Petition for Divorce, the UCCJEA Affidavit and the Financial Affidavit must be signed in front of a notary.
• A missing Vital Statistics Form. It must be typed and filed before the court will approve the divorce.
• Late financial disclosures. The 45-day deadline starts when the petition is served, not when you feel ready.
• Incomplete forms. Residence and mailing addresses for both sides are necessary for the court to send notices and other court paperwork.
• Missing filing fee. If the filing fee is missing and there is no Motion requesting to reduce or waive the fee, the court may hold or send back your paperwork.
• Filing in the wrong court. The filing party (petitioner) files in the Family Court assigned to the town where he/she lives.

Who reviewed this page

Reviewed by Heather Sekella, a New Hampshire family law attorney and the founder of Divorce Tutor. Last checked 10/29/2026.

This page explains how the New Hampshire process generally works. It is legal information, not legal advice, and Divorce Tutor is not a law firm. For advice about your own case, talk with a lawyer, or contact 603 Legal Aid to see if you qualify for free help.

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