New Hampshire Divorce Petition

Where a New Hampshire Divorce Begins

You file a New Hampshire divorce in the Circuit Court, Family Division of the New Hampshire Judicial Branch, and RSA 458:5 controls whether that court can hear it. The court has jurisdiction only if both parties are domiciled in New Hampshire when the action is commenced, if the petitioner has been domiciled in the state for the one year next preceding the filing, or if the petitioner is domiciled here and the respondent is personally served within New Hampshire. Confirm that one of those three paths fits your facts before you draft, because a petition that meets none of them can be dismissed.

Choosing a Ground

New Hampshire allows both no-fault and fault divorce. Most petitioners plead the no-fault ground under RSA 458:7-a, 'irreconcilable differences which have caused the irremediable breakdown of the marriage.' Fault grounds under RSA 458:7 remain available and include adultery, extreme cruelty, habitual drunkenness, and abandonment for two years. A fault ground raises the proof you must present, so weigh it only when it serves a clear goal such as affecting property or support. Because the state recognizes no-fault divorce, you do not need to prove wrongdoing to end the marriage.

No Waiting Period, No Separation Requirement

New Hampshire imposes no statutory minimum waiting or cooling-off period under RSA ch. 458 before a decree may issue. Your timeline depends on court scheduling and any parenting requirements, not a fixed clock. The state also does not require you to live separate and apart for any period before filing a no-fault divorce, so you can commence the case while still sharing a home. This flexibility helps spouses who cannot afford to move out while the case is pending.

Forms, Fee, and Terminology

The case opens with the Petition for Divorce/Legal Separation, form NHJB-2059-FS. When the respondent is not appearing or waiving service, the court issues a summons or Order of Notice so service is complete. The filing fee is $252. Low-income filers may ask the court for a fee waiver. New Hampshire calls the proceeding a 'divorce,' not a 'dissolution of marriage,' and names the spouses the Petitioner and the Respondent.

Dividing Property

New Hampshire divides property by equitable distribution under RSA 458:16-a. The statute presumes an equal division is equitable, yet it lets the court depart from a 50/50 split based on listed factors such as the length of the marriage and each spouse's contributions. Because equal is a starting presumption rather than a guarantee, describe the marital estate accurately in your filing.

Getting the Petition Right

Every rule above needs to line up on the face of your filing: RSA 458:5 domicile, the RSA 458:7-a or 458:7 ground, the absence of a waiting or separation requirement, RSA 458:16-a distribution, and the NHJB-2059-FS form. A clean, state-specific divorce petition (/legal-document/divorce-petition) that names the correct court, ground, and parties moves you toward a decree in the Family Division with the fewest delays.