Parnell, Michels & McKay Law Offices

Divorce is an area of family law that frequently delves into the sensitive foundation of the parties’ relationship. Some clients come in emotional, hurt, and raw, looking to determine the exact cause of their divorce. However, fault-based divorces are difficult to prove in and of themselves. Moreover, parties must prove that the alleged fault was the exact and only cause of the breakdown of the marriage. Even when the parties are convinced they can achieve a fault-ground divorce (like adultery), there are a number of traps and pitfalls for potential Petitioners. The defense of “recrimination” is one such example. As a practical matter, this defense is frequently conjoined with a cross-petition for a fault-ground divorce to help support this legal defense. In August of 2016,…

Collaborative divorce is an approach to problem resolution in the family law setting. In New Hampshire, parents are often required to discuss and agree on a “parenting plan” which encourages collaborative resolution. It is an alternative dispute resolution technique for resolving conflicts and reaching agreements using cooperation rather than adversarial techniques and litigation. It recognizes the value of an attorney, but avoids the involvement of the Court. The idea is that the parties will fully cooperate in the process. The result of the process is that the divorcing parties develop skills through the collaborative process that will assist them in addressing not only the issues common to divorce but also the inevitable issues that all parents confront as their children grow. The Collaborative process incorporates…