New Hampshire Divorce When Your Spouse Won't Cooperate (2026)

If your spouse won't cooperate, file an Individual Complaint for Divorce at the Circuit Court, Family Division. Serve the Respondent. Proceed to default if no Response is filed.

Individual Complaint — Overview

1. File Complaint for Divorce at Circuit Court, Family Division (Individual filing)
2. Complete and file Financial Affidavit NHJB-2065-F (required even in default cases)
3. Serve the Respondent
4. Respondent has 30 days to file a Response
5. If no Response: file Motion for Default; proceed to default hearing
6. If Response filed: contested case

Service Options

Option 1 — Acceptance of Service

Ask your spouse to sign an Acceptance of Service. Even an uncooperative spouse may prefer this over sheriff's service.

Option 2 — Sheriff's Service

County Sheriff serves the Complaint and Summons.

• Cost: ~$35–$75
• Sheriff's Return of Service filed with the court

Option 3 — Process Server

Private process servers; often faster; cost: $50–$125.

Option 4 — Publication

If you cannot locate your spouse:

1. File Affidavit of Diligent Search
2. Court authorizes publication
3. Publish in approved newspaper
4. File Affidavit of Publication

Publication service may limit the court's jurisdiction over property division — consult an attorney.

After Service — 30-Day Response Deadline

The Respondent has 30 days to file a Response after personal service. File a Motion for Default if no Response is received within 30 days.

Default Process

1. File Motion for Default with supporting Affidavit
2. Default entered by the court
3. No waiting period in New Hampshire
4. Schedule default final hearing
5. Present brief testimony: irreconcilable differences; marital property inventory; Financial Affidavit
6. Judge enters Final Decree of Divorce by default
7. Court divides marital property equitably based on your Financial Affidavit and evidence

Temporary Orders

During the case, file a Motion for Temporary Orders for:

• Temporary alimony
• Exclusive use of the marital home
• Temporary custody and child support (if children under 18)
• Restraining order against dissipation of marital assets

Last reviewed: March 2026 | Individual Complaint + service | 30-day response deadline | Default after no response | Financial Affidavit NHJB-2065-F required | No waiting period | Equitable distribution | Temporary orders available | Circuit Court Family Division | courts.state.nh.us/forms/nhjb-forms.htm | nhla.org

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