home / blog

Guide to Uncontested Divorce in New Hampshire

December 23, 2025

Uncontested / Simple Divorce in New Hampshire: A Plain English Guide

Thinking about ending your marriage is hard enough. Figuring out the legal process on top of that can feel overwhelming, especially if you want an uncontested (often called “simple”) divorce in New Hampshire and you’re trying to keep costs under control.

The good news: New Hampshire has a clear path for couples who agree the marriage is over and can cooperate on the paperwork. The “insider” option (and the one many self-represented filers prefer) is filing together using a Joint Petition for Divorce in the New Hampshire Circuit Court – Family Division. Filing jointly often avoids formal service of process.

This guide explains, in plain English, how an uncontested divorce in New Hampshire works: who qualifies, which court handles your case, the key NHJB forms people get stuck on, the “hard stop” disclosure rule you need to plan for, what the steps look like, how long it may take, and where a DIY approach or self-help kit can fit in.

Important disclaimer: This article is general legal information, not legal advice. PlainDivorce.com is not a law firm and does not provide legal representation. Court rules, forms, and fees change, so always confirm current requirements with the New Hampshire Judicial Branch or a licensed New Hampshire attorney.

Table of Contents

uncontested divorce in New Hampshire

1. What Is an Uncontested or Simple Divorce in New Hampshire?

New Hampshire doesn’t have a separate legal case type called “simple divorce.” Instead, people use that phrase to describe a no-fault, uncontested case, meaning both spouses agree the marriage should end and they are not asking the judge to resolve a fight about kids, money, or property.

In a typical uncontested New Hampshire divorce:

  • You file in the New Hampshire Circuit Court – Family Division.
  • You submit the required NHJB forms to open the case.
  • You follow the Family Division’s required disclosure rules (Rule 1.25-A), even if you agree on everything.
  • You either file together using a Joint Petition, or one spouse files and the other cooperates so the case stays uncontested.

Key idea: “Uncontested” is less about being “easy” and more about being complete. The court still expects correct forms, full disclosures, and workable parenting/support/property terms, even when both spouses agree.

2. Who Qualifies for an Uncontested Divorce in New Hampshire?

Residency and jurisdiction

Before the Family Division can grant a divorce, the court must have jurisdiction. Many people qualify because at least one spouse has established New Hampshire residency long enough to file. If your situation involves recent moves, an out-of-state spouse, or international issues, getting legal advice about whether New Hampshire is the right forum can be helpful.

No-fault ground

Most uncontested divorces in New Hampshire are filed using a no-fault approach (meaning you generally do not need to prove wrongdoing).

What makes a case “uncontested” in real life

You’re more likely to be a good fit for an uncontested divorce if:

  • You both agree the marriage should end.
  • You can cooperate on paperwork and deadlines.
  • You can reach agreement about property/debt, and (if applicable) parenting and support.
  • You take the disclosure requirements seriously under Rule 1.25-A (this is a major delay point in NH if skipped).

An uncontested approach may not be safe or realistic if there is domestic violence, coercion, hidden assets, or major disputes about children or finances. In those situations, consider speaking with a lawyer before signing anything.

3. Key NHJB Forms for an Uncontested Divorce (Joint Petition + Starter Forms)

If you want a truly streamlined uncontested divorce in New Hampshire, the most important “starter” documents are usually:

  • Joint Petition for Divorce (NHJB-2058-F) (when filing together as co-petitioners)
  • Personal Data Sheet (NHJB-2077-F) (a required case-opening data form)

Filing jointly often reduces delays and costs because both spouses are signing and filing together, which commonly avoids formal service of process.

Form ID note: Current NH Judicial Branch form numbers are commonly shown with the “-F” suffix for Family Division forms.

4. Step-by-Step Overview of the Uncontested Divorce Process

Every case is different, but most uncontested New Hampshire divorces follow this general path in the Circuit Court – Family Division. Court practices vary by location, so follow your local court’s instructions and filing methods.

Step 1 – Confirm you qualify and choose your filing path

  • Confirm jurisdiction/residency requirements are met for your situation.
  • Decide whether you will file together using the Joint Petition (NHJB-2058-F) or have one spouse file and keep the case uncontested through cooperation.

Step 2 – Reach agreement on the real life issues

To stay uncontested, you need workable terms for:

  • Property and debts (bank accounts, vehicles, credit cards, retirement accounts, etc.).
  • Spousal support (if any), or a clear agreement that no support will be paid.
  • Children (if applicable): parenting schedule, decision making responsibilities, health insurance, and child support.

Step 3 – Prepare the core NHJB forms (and don’t ignore disclosures)

In many uncontested cases, you’ll see NHJB “code word” forms such as:

  • Joint Petition for Divorce (NHJB-2058-F) (if filing together).
  • Personal Data Sheet (NHJB-2077-F).
  • Financial Affidavit (required for both parties in most cases).
  • Parenting Plan (when minor children are involved).
  • Decree on Divorce (NHJB-2071-F) (your proposed final order, depending on your court’s process).

Important: In New Hampshire, the disclosure rules under Family Division Rule 1.25-A are a common stumbling block for self-represented couples, even in friendly, agreed cases.

Step 4 – File with the Circuit Court – Family Division

File your forms in the appropriate Family Division location, pay the filing fee (or request a waiver/reduction if eligible), and keep your case number/docket number for everything that follows.

Step 5 – Service of process (often avoided with a Joint Petition)

If one spouse files alone, the other spouse generally must be served using an approved method. If you file together using a Joint Petition (NHJB-2058-F), service is typically not required because both spouses are signing and filing as co-petitioners.

Step 6 – Court review and finalization

Uncontested cases usually end with court review and a short final step (which may be a brief hearing or another structured review process, depending on your location and case details). If everything is in order, the judge issues a Decree on Divorce, and the divorce becomes final when the clerk enters the file-stamped decree.

Step 7 – Vital Statistics reporting form

New Hampshire also requires a separate state reporting document commonly titled the Certificate of Divorce, Civil Union Dissolution, Legal Separation or Annulment (often called a vital statistics form). This is different from the Decree and helps register the divorce with the state.

5. The Rule 1.25-A Mandatory Disclosure “Hard Stop” (NHJB-3248-F)

One of the biggest reasons “easy” uncontested cases get delayed in New Hampshire is missing disclosure compliance under Family Division Rule 1.25-A. This rule requires both parties to exchange specific financial documents early in the case, not just fill out a financial affidavit.

Timing: Rule 1.25-A materials describe mandatory disclosures that are generally exchanged within 45 days (unless the parties agree to, or the court orders, a different schedule, and some cases have earlier deadlines tied to hearings).

Practical takeaway: Even if you and your spouse agree on everything, plan to exchange documents like pay information and tax returns early, because the court may pause or slow your case if disclosures are incomplete.

Compliance tool: The New Hampshire Judicial Branch provides a checklist titled Checklist for Rule 1.25-A Mandatory Disclosure (NHJB-3248-F). This form is designed to help you track what you exchanged and when.

Important nuance: The checklist includes an instruction to not file it with the court unless ordered. That means it’s often best treated as a documentation tool you keep (and can file or present if the judge or clerk requires proof in your case).

6. Special Issues When You Have Children (Including Child Impact Program)

You can have an uncontested divorce with children in New Hampshire, but the court still has an independent duty to protect the children’s best interests. Expect careful review of parenting terms, support, and required programs.

  • Parenting Plan: A clear schedule, holidays, vacations, decision making, and communication rules.
  • Child support: Support is typically calculated using both parents’ financial information.
  • Rule 1.25-A disclosures: Disclosures are especially important when support is involved.

Child Impact Program (CIP) requirement

When minor children are involved, New Hampshire requires parents to complete the Child Impact Program, described as a 4-hour program with a listed cost of $85 (fees can change). Court materials also emphasize that the court needs the completion information/certificate in the file before final orders can be issued.

7. How Long Does an Uncontested Divorce Take in New Hampshire?

There’s no guaranteed timeline because scheduling varies by location and whether children are involved, but uncontested cases are usually much faster than contested cases.

  • Fastest path: A complete Joint Petition filing with clean, consistent paperwork, plus timely completion of disclosures.
  • Common delays: Missing or incomplete disclosures under Rule 1.25-A, unclear parenting terms, or needing to correct rejected forms.
  • With children: Waiting on Child Impact Program completion/certificates can delay finalization.

One of the simplest ways to avoid delays is to treat the case like a checklist project: gather documents early, keep copies of what you exchanged, and file a complete packet the first time.

8. What Does an Uncontested Divorce Cost?

The biggest baseline cost in a New Hampshire uncontested divorce is the court filing fee. NH Judicial Branch materials list:

  • Without minor children: generally $280.00
  • With minor children: generally $282.00 (includes a small surcharge)

Other common costs can include service fees (if you do not file jointly), notary/copying costs, and certified copies. If you qualify financially, you may be able to request a waiver or reduction, depending on court rules and your circumstances.

9. FAQ

What is an uncontested or simple divorce in New Hampshire?

It’s a divorce where both spouses agree the marriage should end and they have workable agreements on property, debts, support, and (if applicable) parenting and child support. Even in uncontested cases, the Family Division still requires correct forms and early financial disclosures under Rule 1.25-A.

Do we have to serve papers in a joint filing?

In many cases, formal service of process is avoided when both spouses file together as co-petitioners on a Joint Petition, because both parties are already signing and filing the case-opening documents.

What is Rule 1.25-A, and why does it matter in an uncontested divorce?

Rule 1.25-A is the Family Division’s mandatory initial disclosure rule. It requires both parties to exchange specific financial documents early in the case (not just complete a financial affidavit). Missing disclosures is a common reason friendly cases get delayed.

How much does an uncontested divorce cost in New Hampshire?

NH Judicial Branch materials list filing fees around $280 (without minor children) and $282 (with minor children). Other costs depend on whether service is required and what admin costs apply in your situation.

Do parents have to take a class in New Hampshire divorce cases?

When minor children are involved, New Hampshire requires the Child Impact Program (described as a 4-hour program with a listed fee of $85), and the court needs proof of completion before final orders can be issued.

10. When a DIY Divorce Might Not Be Right for You

A DIY uncontested divorce can work well, but it’s not safe for every situation. Consider legal advice if:

  • There is domestic violence, stalking, coercion, or fear.
  • You suspect hidden income/assets or major dishonesty about finances.
  • You have complex assets (business, multiple properties, major retirement accounts) and you don’t understand what you’re giving up.
  • There are serious disputes about parenting, relocation, or child safety.
  • Immigration, taxes, or benefits could be seriously impacted by the terms.

A common middle ground is limited-scope legal help: you do the legwork, but pay a lawyer for a focused consultation or document review.

11. Where a Self-Help Divorce Kit Fits Into the Process

New Hampshire provides official forms, but many self-represented people still struggle with (1) knowing which forms apply, (2) staying organized under Rule 1.25-A, and (3) avoiding delays caused by missing documents or incomplete agreements.

A New Hampshire uncontested divorce self-help kit (like PlainDivorce’s) is designed to help you:

  • Choose the cleanest path (often the Joint Petition) and understand what it can save you.
  • Stay organized with checklists for the Personal Data Sheet, disclosure documents, and parenting documents (if applicable).
  • Track the most common “hard stops,” especially Rule 1.25-A disclosures and Child Impact Program requirements when children are involved.
  • Avoid common mistakes that lead to rejected paperwork or resubmissions.

Download Our New Hampshire Uncontested Divorce Self-Help Kit

12. Final Thoughts and Next Steps

If you want the most streamlined uncontested divorce path in New Hampshire, the practical checklist looks like this:

  • Confirm you can file in New Hampshire and in the right Circuit Court – Family Division location.
  • If you agree, consider filing together using the Joint Petition for Divorce (NHJB-2058-F) to often avoid service costs.
  • Plan early for Rule 1.25-A disclosures and exchange documents within the required timeframe.
  • If you have children, prepare a detailed parenting plan and complete the Child Impact Program requirements.
  • Include the separate Vital Statistics reporting form so the case can be properly recorded.

Final disclaimer: This guide is for general informational purposes only. It is not legal advice and does not create a lawyer–client relationship. Always confirm current forms, fees, and procedures with the New Hampshire Judicial Branch.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.