New Hampshire Divorce Checklist — Step-by-Step (2026)

Phase 1 — Pre-Filing Assessment

• Confirm: you currently reside in New Hampshire (no minimum required)
• Identify Circuit Court, Family Division county (where either spouse lives)
• Decide: Joint Petition (both agree; both sign) or Individual Complaint (individual filing; serve Respondent)
• If children under 18: identify a court-approved parenting class in your area

Phase 2 — Financial Inventory

• All real estate: FMV, mortgage balance, marital vs. separate
• Bank and investment accounts: balances, marital vs. separate
• Retirement accounts: total balance; marital portion
• Vehicles: values and loans
• All debts: creditor, balance, marital vs. separate
• Business interests (if any)
• Monthly income and expense documentation for both parties (for Financial Affidavit)

Phase 3 — Complete Financial Affidavit (Required)

• Both parties complete Financial Affidavit NHJB-2065-F (full version) — OR NHJB-2065-FS (simplified — requires court approval)
• Affidavit discloses all income, assets, debts, and monthly expenses
• Both sign and file with the court — mandatory in all NH divorces

Phase 4 — Draft the Marital Settlement Agreement

• All marital real property addressed (assignment, buyout, sale; Quitclaim Deed → NH Registry of Deeds)
• All marital financial accounts assigned
• Retirement accounts: QDRO for employer plans; IRA transfer language
• Vehicles assigned; NH DMV title transfer
• All marital debts assigned; indemnification language
• Separate property acknowledged and confirmed
• Alimony: award with terms — or explicit waiver
• If children: legal custody, physical custody, Parenting Plan, child support per NH Guidelines
• Both spouses sign and notarize the Marital Settlement Agreement

Phase 5 — Complete Court Forms (NHJB-Series)

Forms: courts.state.nh.us/forms/nhjb-forms.htm

Joint Petition:

• Joint Petition for Divorce (NHJB-series)
• Financial Affidavit — NHJB-2065-F (both parties)
• Marital Settlement Agreement (attached)
• Proposed Final Decree of Divorce
• If children: Parenting Plan; Child Support Worksheet per NH Guidelines

Individual Complaint:

• Complaint for Divorce (NHJB-series)
• Summons
• Financial Affidavit — NHJB-2065-F (both parties)
• Proposed Final Decree of Divorce
• Acceptance of Service or Proof of Service

Phase 6 — File at Circuit Court, Family Division

• File forms at Circuit Court, Family Division (not just "Circuit Court" — must be Family Division)
• Pay $260 filing fee
• Receive case number
• If Individual Complaint: serve Respondent; file proof of service

Phase 7 — Parenting Class (If Children Under 18)

• Both parents enroll in a court-approved parenting education program
• Both parents complete the program
• Both parents file Certificates of Completion with the Circuit Court, Family Division
• Divorce cannot be finalized until both certificates are on file

Phase 8 — No Waiting Period

• No mandatory waiting period — proceed to scheduling final hearing immediately
• Schedule hearing with Circuit Court, Family Division

Phase 9 — Final Hearing

• Appear at hearing
• Judge reviews Financial Affidavits, MSA, Parenting Plan (if applicable)
• Judge enters Final Decree of Divorce
• Obtain certified copies

Phase 10 — Post-Divorce Steps

• Real estate deed: Quitclaim Deed → NH Registry of Deeds (county-level; where property is located)
• QDRO for employer retirement plans
• NH state retirement (NHRS): DRO submitted to NHRS
• Vehicles: NH DMV
• Name restoration: NH DMV → Social Security → accounts
• Beneficiary designations: life insurance, retirement, payable-on-death

Last reviewed: March 2026 | No residency minimum | No waiting period | Joint Petition = no service | Financial Affidavit required — NHJB-2065-F | Parenting class required with children under 18 | Circuit Court FAMILY DIVISION | Equitable distribution | Need-based alimony | NH Registry of Deeds for deed recording | courts.state.nh.us/forms/nhjb-forms.htm

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.