How to File for Divorce, Legal Separation or Civil Union Dissolution

One of the following must apply to file for divorce, legal separation, and, civil union dissolution in New Hampshire:  1)  both parties live in New Hampshire; or 2) the petitioner (the spouse starting the action) has lived in New Hampshire for one year; or 3) the petitioner lives in New Hampshire and their spouse can be served with papers in New Hampshire.

If Children are Involved

Choose one of two petition forms to begin the divorce process. Follow instructions for each form.

• If both spouses agree to get divorced, legally separated or to have their civil union dissolved, although they may not agree on division of property or parental rights and responsibilites, they can use the applicable Joint Petition.  Using a Joint Petition to begin the process avoids the cost of formal service of legal papers. See joint petition for divorce, legal separation, and civil union dissolution.

• Otherwise, if you want to file as an individual, see petition for divorce, legal separation, or civil union dissolution. (More information on filing a petition for divorce).
  

• Although time frames vary, an uncontested divorce can usually be completed in a matter of months.  In a contested case where the parties cannot agree on how to resolve the case, the process will take much longer.
  

• The filing fee for divorce is $175 if you do not have children.  The fee for petitions for divorce with children or any other petition relating to children is $177.  There are limited circumstances under which the court can waive a fee. 

How to Obtain a Certified Copy of Your Divorce

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