Collaborative Law

  • Was it Correcting a Mistake or Modifying a Divorce Decree?

    ByRory Parnell Hours

    The New Hampshire Supreme Court recently issued an order on In the Matter of Warren Jackson and Jean Jackson, Case No. 2024-0242. The parties had a long-term marriage and Husband filed for divorce in October 2020. Prior to the Final Hearing, Wife filed two Motions for Contempt. One of the Motions claimed that Husband did not comply with mandatory financial disclosure under Rule 1.25-A, and the other claimed that Husband had removed personal property from the marital home and refused to return it. A Final Hearing was held in July 2022 and a Final Decree was issued in December 2022. With regard to the Motion for Contempt filed by Wife prior to the Final Hearing pertaining to personal property, the trial court ordered Husband to…

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    REMEMBER TO PRACTICE 12 DAYS OF CO-PARENTING CALM

    ByRory Parnell Hours

    I came across a wonderful blog called “12 Days of Co-Parenting Calm” written by Deb Gilman and posted on the International Academy of Collaborative Professionals website. You can find that blog here:  12 Days of Co-Parenting Calm. As I read this blog, I am reminded that the holidays are supposed to be fun and joyful for children! When parents are going through a divorce/separation or are already divorced, it can be difficult to remember this important fact. Adding stress or chaos to your children’s lives by engaging in conflict with their other parent removes the fun and joy the children should be experiencing over the holidays. As you go through the holidays this year, please try to remember the importance of calm. Your children will benefit…

  • 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…