NH Joint Petition for Divorce: How to File Together

A joint petition is the most efficient way to divorce in New Hampshire. Both spouses file together, service of process is waived, and the whole case can wrap up in two to three months. But the joint filing has specific requirements that trip up couples who assume "agreed" means "simple."

What a Joint Petition Requires

Filing jointly in New Hampshire means both spouses sign a single petition — Form NHJB-2058-F — asserting that irreconcilable differences have caused an irremediable breakdown of the marriage under RSA 458:7-a. Both parties must agree on every issue before filing, or be prepared to reach agreement before the final hearing.

You will file two forms together at the Family Division courthouse:

• Joint Petition for Divorce (NHJB-2058-F) — Signed by both spouses
• Personal Data Sheet (NHJB-2077-F) — Names, addresses, dates of birth, Social Security numbers, and marriage details for both parties

The filing fee is $282 if you have minor children or $280 without. The court adds a 3% surcharge for card payments.

What You Should Prepare Before Filing

The petition itself is straightforward, but the court expects supporting documents to follow quickly. Prepare these before your filing date:

Settlement agreement — A written document covering property division, debt allocation, and alimony terms. New Hampshire starts from a presumption under RSA 458:16-a that equal division of marital property is equitable, so your agreement should either reflect a roughly equal split or explain why a different division is fair.

Parenting Plan (NHJB-2064-F) — Required if you have minor children. This covers physical custody, legal decision-making authority, the weekly schedule, holiday rotation, vacation provisions, and communication protocols.

Child Support Worksheet — New Hampshire uses an income-shares model. Both parents' gross incomes, health insurance costs, and childcare expenses factor into the calculation.

Financial Affidavit (NHJB-2065-F) — Both parties must complete and notarize this sworn summary of income, assets, debts, and expenses. This is the one financial document that gets filed with the court.

The Financial Exchange Still Applies

Even with a joint petition, Rule 1.25-A requires both spouses to privately exchange comprehensive financial records within 45 days of filing. That means three years of tax returns, four consecutive pay stubs, 12 months of bank and retirement account statements, and six months of credit card statements.

These documents are exchanged directly between spouses — they are not filed with the court. Skipping this exchange can delay your case or expose your agreement to challenge later.

After Filing: What Happens Next

Court review — The clerk reviews your petition for completeness and assigns a case number. If children are involved, you will receive information about the mandatory Child Impact Program.

Child Impact Program — Both parents must complete this four-hour Zoom class ($85 per parent) within 45 days. No final hearing is scheduled until both parents have finished.

Vital Statistics Report — Before the court schedules your final hearing, you must submit a typewritten Vital Statistics Report (SOS/DVRA VS 14A). This form cannot be handwritten — the clerk rejects handwritten copies on sight.

Final hearing — Typically brief for joint petitions. The judge reviews your agreement, confirms both parties entered it voluntarily, and signs the Final Decree. The decree takes effect immediately when signed.

When Joint Filing Does Not Work

A joint petition only works if both spouses will sign the paperwork and attend the final hearing. If your spouse agrees in conversation but will not actually sign forms, you need to file an Individual Petition instead.

Common situations where an Individual Petition is the better choice:

• Your spouse verbally agrees but keeps delaying signatures
• Your spouse lives out of state and will not participate
• You need the automatic financial restraining order that only triggers on an Individual Petition
• There are safety concerns that make coordinating a joint filing impractical

The New Hampshire Divorce Filing Process Guide walks through both the joint and individual petition tracks, with checklists that keep your deadlines organized and examples showing how to structure your settlement agreement.

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