Reviewed August 2026
Uncontested Divorce Checklist in New Hampshire
A New Hampshire divorce is uncontested when both spouses agree the marriage cannot be saved. They also need a written agreement settling property, debt, and any parenting and support terms. New Hampshire calls this an irreconcilable differences divorce. It falls under the Circuit Court's Family Division, alongside a full list of fault grounds the state has never repealed. Spouses who agree simply do not need to prove fault to end the marriage. New Hampshire has no separate summary or simplified divorce statute. Agreement itself is what moves a case faster. A completed Permanent Stipulation covering every issue lets the court finalize the case. That skips the discovery, temporary orders, and contested hearings a disputed case requires. Self-represented filers use the same Petition for Divorce form, whether or not the case is contested.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how uncontested divorce checklist works under New Hampshire law for people researching before they file. It is not legal advice, and Virdix does not prepare or file New Hampshire paperwork. See how Virdix works for California divorces.
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What makes a New Hampshire divorce uncontested
A case is uncontested when both spouses agree that irreconcilable differences caused the irremediable breakdown of the marriage. They also need a signed written agreement covering property division and debt, plus a parenting plan and child support if they have children. New Hampshire's residency rule has three paths. Both spouses could currently live in New Hampshire when the petition is filed. The petitioner could live in New Hampshire with the other spouse served while physically in the state. Or the petitioner could have lived in New Hampshire for the full year before filing. Couples who both already live in New Hampshire do not have to wait out any residency period at all.
No separate summary track, but a faster path through agreement
New Hampshire law does not create a separate simplified or summary dissolution statute apart from its ordinary divorce process. Instead, an uncontested case moves faster by filing a complete Permanent Stipulation. This is a written settlement agreement covering every disputed issue, filed alongside the Petition for Divorce. When both spouses have already resolved custody, support, and property, the court can move directly toward finalizing the case. It skips the temporary orders hearings and structuring conference a contested case would need.
Document checklist
An uncontested New Hampshire filing starts with the Petition for Divorce, form NHJB-2057-F, filed together with a required Personal Data Sheet. Couples with a completed settlement bring a Permanent Stipulation covering property, debt, and any parenting and support terms. They also add a proposed Uniform Support Order if child support is involved. Filers who cannot afford the roughly $280 to $282 filing fee can file a Motion to Waive Filing and Service Fees along with a Financial Affidavit. New Hampshire's self-represented e-filing program does not currently cover divorce and parenting cases. These documents get filed on paper with the Circuit Court Family Division in the county where the case is heard.
Is a hearing required
New Hampshire's divorce statute does not set a fixed post-filing waiting period. The Family Division generally schedules the case through Orders of Notice. These set either a Temporary Hearing, if temporary orders are needed, or a Structuring Conference if not. Even when spouses have a full agreement, New Hampshire's own self-help materials describe a final hearing as the standard way a case concludes. Confirm with the specific Circuit Court Family Division whether it can finalize an uncontested case with a complete Permanent Stipulation on the papers alone. If not, both spouses may still need to appear.
Sources: RSA Chapter 458, Divorce (grounds under 458:7 and 458:7-a), 603 Legal Aid, Filing for Divorce in New Hampshire guide, New Hampshire Judicial Branch Self-Help Center
Not independently confirmed
- Whether a fully stipulated, uncontested New Hampshire divorce can be finalized without both spouses personally appearing at a final hearing, or whether appearance is always required
- courts.nh.gov blocked this pass's automated verification request (403); the page is New Hampshire's own official self-help hub and was reachable in earlier manual browser research
Uncontested Divorce Checklist in New Hampshire: frequently asked questions
What qualifies a New Hampshire divorce as uncontested?+
Both spouses agree that irreconcilable differences have broken the marriage. They also sign a written agreement covering property, debt, and, if they have children, custody and support. Residency depends on which of three statutory paths applies. Couples who both already live in New Hampshire face no minimum residency period.
Does New Hampshire have a simplified or summary divorce process?+
No. New Hampshire uses one divorce process for every case, contested or not. What speeds an uncontested case along is filing a complete Permanent Stipulation that resolves every issue. That lets the court skip the temporary orders and discovery steps a contested case requires.
What form do I file for an uncontested divorce in New Hampshire?+
The Petition for Divorce, form NHJB-2057-F, filed with a required Personal Data Sheet. Spouses with a full settlement also file a Permanent Stipulation covering property, debt, and any parenting and support terms. They add a proposed Uniform Support Order if child support applies.
Can we e-file our New Hampshire divorce papers?+
Not as a self-represented party. New Hampshire's Circuit Court requires attorneys to e-file. Divorce and parenting cases are not among the case types self-represented litigants are permitted to e-file. A self-represented petitioner files a divorce petition on paper.
Do we still need to go to a hearing if we agree on everything?+
New Hampshire's own self-help materials describe a final hearing as the typical way a divorce case concludes, even when both spouses agree. Whether a specific Circuit Court Family Division will finalize a fully stipulated case without both spouses appearing varies. Confirm scheduling practice with the court handling your case.
What if we can't afford the New Hampshire filing fee?+
File a Motion to Waive Filing and Service Fees along with a Financial Affidavit documenting your income and expenses. A judge reviews the motion and decides whether to approve or deny the waiver before your case proceeds.
This page is general information about uncontested divorce checklist in New Hampshire, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with New Hampshire's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in New Hampshire. Virdix does not prepare or file New Hampshire divorce paperwork. It is not a substitute for an attorney licensed in New Hampshire.
More New Hampshire divorce guides
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In the states Virdix serves, it guides you through that state's own court forms so your paperwork is complete and consistent before you file. If you're filing in New Hampshire, the resources above are the right place to start, and the form above will tell you the moment Virdix reaches your state.
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