Use the Joint Petition for Divorce form if both spouses agree to get divorced, although they may not agree on division of property or child custody or support. Using a Joint Petition to begin the divorce process avoids the cost of formal service of legal papers. Instructions for completing the form are below.
FILING FEE: The cost of filing a joint petition is $205 if you do not have children and $207 if you do have children.
INSTRUCTIONS FOR COMPLETING FORMS
- County refers to the county where you are going to file your petition.
- In the Matter of...should be completed by inserting the full name of both parties or both spouses.
- You may request a temporary hearing by completing section 10 of the petition. A temporary hearing should be requested if there are matters to be resolved before the divorce is final, such as temporary custody of the children, temporary support of the children and who will temporarily remain in the family home. You will be required to provide the court with information listed in the Temporary Decree on Divorce or Legal Separation.
- Please note that if filing a Joint Petition both signatures must be notarized.
ADDITIONAL FORMS YOU WILL NEED
- You must also complete a Personal Data Sheet to file with your Petition. Make sure to mark the appropriate box under your name if you are concerned about your safety and do not want personal information disclosed to your spouse.
- You will be asked to complete a financial affidavit and should be prepared to supply information regarding your income, employment, monthly expenses and your assets including home, car, investments, checking account, life, health and dental insurance. You will be required to supply a copy of your latest income tax returns or your most recent pay stubs.
- If you have children, both spouses must also file a financial affidavit. Be advised that some courts may require you to complete the affidavit on their own green form. There are instructions included on this form that you should pay particular attention to.
- In addition, if you have children, you must complete a Uniform Support Order signed by both spouses. There are instructions included on this form that you should pay particular attention to.
- Child support amounts are based on New Hampshire Child Support Guidelines. You must also complete a Child Support Guidelines Worksheet. For help in calculating the amount of child support in your case, go to the Department of Health and Human Services Division of Child Support Services website and use their DHHS Child Support Modification Kit (This link takes you to DHHS's site. The worksheet calculator link can be found here).
- A Vital Statistics form must be obtained from the clerk's office. No photocopies or electric forms will be accepted. This form must be word processed or typewritten.
- After filing a Joint Petition, if you agree on all important issues, you may then go ahead with a final uncontested divorce. You can even send in all this paperwork with your petition.
- You will need to file an agreement called a Final Decree on Divorce or Legal Separation.
- Once all the paperwork has been completed, you may write a letter requesting a final hearing. It is important for both parties to keep copies of all the paperwork.
- The court will notify both sides of an uncontested hearing date. At least one party needs to appear in court on that day.
- The court will inform you when your divorce becomes final.
PLEASE REMEMBER THAT EACH CASE IS DIFFERENT. ADDITIONAL OR DIFFERENT STEPS AND OR PAPERWORK MAY BE REQUIRED IN YOUR CASE.