Collaborative Law

  • Are All Conversations With a Lawyer Privileged? Exceptions To The Attorney/Client Privilege

    ByRory Parnell Hours

    We often hear about how communications between attorneys and their clients are privileged, meaning that they are confidential. Therefore, third parties cannot compel either the attorney or the client to disclose the contents of their communications with each other. An aspect of this privilege that is not often discussed is that there are exceptions to the privilege in certain, limited situations. For instance, communications between a client and a lawyer are no longer privileged if there is a third party involved in the communication. If you bring a friend to a meeting with your lawyer, the contents of that meeting are no longer privileged because the presence of the third party waives the attorney-client privilege. The NH Supreme Court recently issued an order on a…

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    NH SUPREME COURT EXTENDS DEATH BENEFITS TO WIDOW OF WORKER

    ByRory Parnell Hours

    The New Hampshire (NH) Supreme Court recently addressed the tragic situation of a woman who lost her husband to cancer from his work at a firefighter.  Her husband was employed as a firefighter for nearly 20 years. He began seeking treatment for health issues in early 2019 and was eventually diagnosed with bile duct cancer. Husband submitted a report of injury to the Department of Labor. Husband’s request for Workers’ Compensation was denied by the employer. Husband did not pursue the claim any further and died in January 2020. Wife applied for death benefits in April 2020, four months after Husband’s death. She was initially denied benefits and successfully appealed the order. Wife then requested Workers’ Compensation death benefits in January 2023. The employer and…

  • Before ‘I Do’: What Happens to Premarital Pension Contributions in Divorce?

    ByRory Parnell Hours

    In divorce, the Court is required to divide the parties’ marital property equitably. The law defines marital property as all property from any source whether titled to one party individually or to the parties jointly, no matter where the asset came from. RSA 458:16-a, I. For many years, the law with regard to pension plans was applied differently than the law with regard to other assets, and even other retirement plans. This difference was based on the Hodgins case, decided by the New Hampshire Supreme Court in 1985. Hodgins v. Hodgins, 126 N.H. 711 (1985). Before the  Hodgins case, Courts had struggled with dividing pension plans because they are difficult to value. Generally, the retiree’s benefit from a pension plan is based on a formula…

  • What Happens to Our Marital Home if We Divorce?

    ByRory Parnell Hours

    In many divorce cases, the party’s main asset is the marital home. Therefore, one of the questions we hear the most in family law is “what’s going to happen to my home?” For some, this is a purely financial question. For others, there is a great deal of emotional attachment with concerns about the party’s children and their own future living arrangements. For most, the parties generally agree that there should be equal division of the equity, but the question is how that is accomplished. This blog post will cover the parties’ options in dividing the marital home. Option 1: Sell the Home This is the “cleanest” option and allows both parties a fresh start, and may provide the most financial return to each party….

  • Why Should I Choose a Collaborative Divorce?

    ByRory Parnell Hours

    A Collaborative Divorce is an out of court settlement process which helps separating couples to work through the issues with the assistance of Collaboratively trained professionals. We are often asked why a client should choose a Collaborative Divorce process. This blog will help to answer that question with 10 reasons why you should consider this process. All issues in the divorce or parenting case are resolved through a series of meetings between you, your spouse, and your Collaborative Team. These meetings are held in private offices – not in public courtrooms! During the meetings, you and your spouse will gather information, identify your goals and concerns, and negotiate a settlement that works for both of you and your children. You will control the pace at…

  • Unmarried Parties and the Collaborative Process

    ByParnell, Michels & McKay Law Offices Hours

    Many couples today choose not to get married, but instead live together in a committed relationship as married couples do, having children and purchasing a home, without the benefit of marriage. Although this decision not to get married may work well for the couple while they are happy, if the relationship breaks down, it is far more difficult for the couple to separate and secure Court orders to address all of their issues. When a couple who is married chooses to separate, the Family Court in New Hampshire will address all issues the couple needs addressed, including parenting, support and the division of assets and debts. However, when a couple who is unmarried chooses to separate, the Family Court can only address parenting and child…

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    Can I Get Alimony in Divorce?

    ByParnell, Michels & McKay Law Offices Hours

    When clients come in to talk with us about divorce, we are often asked whether they can get alimony or “spousal support”. Contrary to child support, alimony is intended to support the spouse. It can be ordered in those cases in which one spouse has “need” and the other spouse has the “ability to pay”. “Need” does not mean poverty, but instead, “need” considering the standard of living the parties had during the marriage. Likewise, “ability to pay” also must consider whether that spouse can pay alimony to the other spouse and still meet his/her own needs considering the standard of living the parties had during the marriage. This often requires the Court to perform a balancing test, comparing the income versus expenses of both…

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    How to Find the Right Attorney for You?

    ByParnell, Michels & McKay Law Offices Hours

    Over a month ago, Newsweek ran an article that discussed one woman’s divorce experience. After a long-term marriage, the author compared her experiences to the five stages of grief. However, she found grief too elegant of a term. Instead, she likened the divorce process to “feeling like a contestant on Wipeout: completely battered, generally off balance, and surrounded by utter chaos.” In her recollection, the author discusses feeling grief, exuberance, blame, sadness, hate and ultimately, indifference. Divorce attorneys are all too familiar with these emotions and more. However, how do you know when you have found the right attorney for you? Any divorce attorney will understand that divorce is a hurricane of emotions. However, a good divorce attorney will serve as a mooring in that…

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    I Asked for a Divorce, Now What?

    ByParnell, Michels & McKay Law Offices Hours

    This article was written by Cathy McKay and originally published at Collaborative Divorce New Hampshire. Many clients who come in to see me for a divorce ask me this very question: “I’ve told my spouse that I want a divorce, but now what do we do?” The answer is that once you have made the decision to get divorced, you need to decide how to proceed. This means that you need to decide what type of divorce process you want. One option, and the one most known, is the option to file a Petition for Divorce with the Court. This will open a case with the Court and will require the parties to then follow all Court rules, participate in several hearings, and ultimately, a…

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    Splitting College Expenses Between Divorcing Parents

    ByParnell, Michels & McKay Law Offices Hours

    One of the most difficult challenges families face is paying for college. Although it is wise to save for college in a 529 Plan or other type of financial investment, not many families find that they are able to contribute much to these accounts while paying for the rest of life’s daily expenses. This becomes even more challenging when couples are getting divorced as it costs more to support two households than one. Courts cannot force divorcing parents to contribute to college Under New Hampshire law, the Court cannot force parents to pay for their adult children’s college expenses unless the parents have agreed to fund their children’s college expenses or set aside assets intended to pay for their children’s college expenses. Even though the…