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New Hampshire Divorce Petition

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Introduction

Filed in New Hampshire as the Petition for Divorce/Legal Separation (form NHJB-2059-FS), this pleading is the written request that opens a divorce case and asks a Circuit Court, Family Division judge to legally end your marriage. RSA 458:5 sets the residency rules: the court has jurisdiction 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. Most petitioners proceed on the no-fault ground of 'irreconcilable differences which have caused the irremediable breakdown of the marriage' (RSA 458:7-a), and New Hampshire does not require you to live separate and apart before filing. The state imposes no statutory cooling-off period under RSA ch. 458 before a decree may issue, so timing depends on court scheduling and any parenting requirements. New Hampshire calls the proceeding a 'divorce,' not a 'dissolution,' refers to the spouses as the Petitioner and the Respondent, and charges a $252 filing fee.

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Key Things to Know

  1. 1

    Known in New Hampshire as the Petition for Divorce/Legal Separation, this filing is the document that opens your case in the Circuit Court, Family Division and names the two spouses as the Petitioner and the Respondent. It states the ground for the divorce and the relief you want the court to order.

  2. 2

    Residency turns on RSA 458:5: the Family Division has jurisdiction if both parties are domiciled in New Hampshire when the action is commenced, if the petitioner has been domiciled here for the one year next preceding filing, or if the petitioner is domiciled in-state and the respondent is personally served within New Hampshire.

  3. 3

    New Hampshire is both a no-fault and a fault state. The no-fault ground is 'irreconcilable differences which have caused the irremediable breakdown of the marriage' (RSA 458:7-a), while fault grounds under RSA 458:7 include adultery, extreme cruelty, habitual drunkenness, and abandonment for two years.

  4. 4

    There is no statutory minimum waiting or cooling-off period under RSA ch. 458 before a New Hampshire decree may issue. How fast the case moves depends on court scheduling and any parenting requirements, not a mandatory delay.

  5. 5

    New Hampshire does not require the parties to live separate and apart for any period before filing a no-fault divorce, so you can commence the action while still sharing a residence.

  6. 6

    Property is divided by equitable distribution under RSA 458:16-a, which presumes an equal division is equitable but lets the court deviate based on the statutory factors. 'Equitable' does not automatically mean a strict 50/50 split.

  7. 7

    The filing fee for the petition is $252, and New Hampshire uses Petitioner and Respondent terminology for a proceeding it calls a 'divorce,' not a 'dissolution of marriage.'

Key decisions before you file

Before you file a Divorce Petition in New Hampshire, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

Open the Divorce Petition guide

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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.

New Hampshire Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: RSA 458:5 , the court has jurisdiction if: (I) both parties are domiciled in NH when the action is commenced; (II) the plaintiff was domiciled in NH for one year....

Residency (County)

Must file in the correct county Circuit Court, Family Division.

Grounds for Divorce

Must properly plead grounds: No-fault + fault. The no-fault ground is 'irreconcilable differences which have caused the irremediable breakdown of the marriage' (RSA 458:7-a). Fault grounds are listed in RSA 458:7 (e.g., adultery, extreme....

Waiting Period

Mandatory waiting period: No statutory minimum waiting/cooling-off period is imposed by RSA ch. 458 before a decree may issue; timing is governed by....

Required Forms

Must file correct state forms: Petition for Divorce/Legal Separation (form NHJB-2059-FS) and, where the respondent is not appearing/waiving, a summons/Order....

Property Division

Property is divided according to: Equitable distribution. NH presumes an equal division is equitable but allows deviation based on statutory... laws.

Filing Fee

Filing fee is typically $252 unless waived.

Service of Process

The Respondent must be properly served with the summons and petition.

Frequently Asked Questions

A divorce petition in New Hampshire is the written pleading, filed as the Petition for Divorce/Legal Separation (form NHJB-2059-FS), that opens your divorce case in the Circuit Court, Family Division. It names the Petitioner and the Respondent, states the ground for the divorce, and sets out the relief you are asking the judge to grant, such as property division, parenting arrangements, and support.

There is no practical difference in New Hampshire, because the state calls the proceeding a 'divorce,' not a 'dissolution of marriage.' Some other states use 'dissolution' as their legal term for ending a marriage, but New Hampshire's statutes under RSA ch. 458 use 'divorce,' and you request it by filing a divorce petition. In New Hampshire the divorce petition is simply the document that starts a divorce, and you will not find a separate dissolution process.

It depends on your situation under RSA 458:5. The court has jurisdiction 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.

New Hampshire recognizes both no-fault and fault grounds. The no-fault ground is 'irreconcilable differences which have caused the irremediable breakdown of the marriage' (RSA 458:7-a). Fault grounds are listed in RSA 458:7 and include adultery, extreme cruelty, habitual drunkenness, and abandonment for two years.

No. New Hampshire does not require the parties to live separate and apart for any period before filing a no-fault divorce, so you can start the case even while you are still sharing a home.

There is no statutory minimum waiting or cooling-off period imposed by RSA ch. 458 before a decree may issue. Timing is governed by court scheduling and any parenting requirements rather than a fixed waiting clock.

You generally file the Petition for Divorce/Legal Separation (form NHJB-2059-FS) with the Circuit Court, Family Division. Where the respondent is not appearing or waiving, the court also issues a summons or Order of Notice to complete service. The filing fee is $252, and low-income filers can request a fee waiver.

New Hampshire follows equitable distribution under RSA 458:16-a. The statute presumes an equal division is equitable but allows the court to deviate based on listed factors, so marital property is divided according to state law rather than an automatic 50/50 split.