Yes. In a joint divorce, one spouse is still listed as petitioner even though both spouses want the divorce and both sign the joint petition.
What that means without the legal-sounding words
The other spouse is listed as respondent. The labels organize the case; they do not turn a cooperative filing into a fight. If you are deciding whether the label matters strategically, read Does It Matter Who Is Petitioner?.
Treat the petition as the document that opens the case, not as the entire divorce. In the context of “Can I Be the Petitioner If We Both Want the Divorce?,” that means you should stop and verify the specific fact discussed above before moving into the next divorce step.
Example: You are the person who created the online case workspace and gathered the forms. It is perfectly ordinary for you to be petitioner while your spouse is respondent and fully agrees to the divorce.
A simple way to handle it
- Step 1: Agree on who will be petitioner.This piece of “Can I Be the Petitioner If We Both Want the Divorce?” deserves a second look at names, dates, and addresses before you continue.
- Step 2: Enter that person's legal name consistently.If you are uncertain about this part of “Can I Be the Petitioner If We Both Want the Divorce?,” verify the fact before signing anything that says the information is true.
- Step 3: Enter the spouse as respondent.On the “Can I Be the Petitioner If We Both Want the Divorce?” issue, this is the first fact I would put on paper before opening another form.
- Step 4: Use the same roles on the Personal Data Sheet and final papers.Keep this answer with your notes for “Can I Be the Petitioner If We Both Want the Divorce?” so the same information is used later.
The easy ways people get tripped up
- Thinking both people can be listed as 'petitioner.'
- Thinking respondent means the spouse disagrees.
- Changing the roles on different forms.
- Assuming petitioner gets a legal advantage.
How this connects to another part of the divorce
If you are ready to complete the form, use the Joint Petition fill-out guide.
For this specific question—“Can I Be the Petitioner If We Both Want the Divorce?”—the thing to carry into the next screen or form is the fact you just confirmed. Write that fact down in ordinary words first. Then copy it carefully into the official paperwork only where the form actually asks for it. That keeps one misunderstood label from spreading into several later documents.
Check the official source for this topic: NH Judicial Branch Family Division ↗How to know when you can move on
You are finished with the issue covered by “Can I Be the Petitioner If We Both Want the Divorce?” when you have done two things: (1) you can confidently agree on who will be petitioner, and (2) you know that the next checkpoint is to use the same roles on the Personal Data Sheet and final papers. If either part is still fuzzy, keep this page open and verify that one point before signing, notarizing, paying, or filing anything.
Turn this page into your next step
You do not need to memorize the rules behind “Can I Be the Petitioner If We Both Want the Divorce?.” Start the free case check and we will screen the basic facts first—cooperation, children, property, debts, alimony, and New Hampshire filing eligibility—before showing you the next stage.
Start my free case check →General-information note for this page: This page about “Can I Be the Petitioner If We Both Want the Divorce?” is general New Hampshire legal information, not advice about what you personally should agree to. FreeDivorceNH.com is a self-help technology and document-assistance service, not a law firm. Because court forms, fees, filing locations, and procedures can change, use the official New Hampshire Judicial Branch link on this page to confirm any detail that could have changed.