Collaborative Law

  • A Judgment Lien Can Land Like a Fly on Your Marital Home and Rot Your Equity

    ByAubrey Griffin Hours

    So, you’re getting divorced. It is a difficult situation, but on the positive side you and your former spouse have finally found something you can agree on, you both shouldn’t be married to each other anymore. You both negotiate a property settlement together. The judge signs the decree. You both agree that the marital home will eventually be sold, and you both will receive your fair share of the equity from that sale, and presumably everyone can then move forward with their lives after a difficult separation. Divorce decrees are certainly optimistic little documents in family law. They ask former spouses to promise, in one form or another, that each will do exactly what they agreed to do. Sell the house. Pay the debts assigned…

  • Understanding Bad Faith Insurance Law in New Hampshire

    ByRory Parnell Hours

    When you purchase an insurance policy, you expect your insurer to honor its promises when you need coverage most. Whether it’s after a serious car accident, a house fire, or another unexpected loss, policyholders rely on insurance companies to investigate claims fairly and pay valid benefits promptly. Unfortunately, insurers do not always meet these obligations. In some cases, an insurance company may act in “bad faith” by unreasonably delaying, denying, or underpaying a legitimate claim. Understanding New Hampshire’s approach to bad faith insurance law can help consumers recognize when an insurer’s conduct crosses the line and what legal remedies may be available. What Is Insurance Bad Faith? Insurance companies owe their policyholders a duty of good faith and fair dealing. This means they must investigate…

  • NH Supreme Court Update: Will Rivas Decision Affect Your Motor Vehicle Case?

    ByRory Parnell Hours

    The New Hampshire Supreme Court recently issued an order regarding the impact of a trial judge’s ruling on evidentiary issues and the impression they leave on a jury in a case called Rivas v. Ciecko, 2026 NH 2. Plaintiff sued Defendant for damages stemming from a motor vehicle accident. Plaintiff claimed that, as a result of the accident, she began to have fainting spells. Over a year after the accident, Plaintiff fell down a set of stairs while intoxicated at a birthday party and fractured her leg. She claimed that the syncope she alleges she developed as a result of the prior motor vehicle accident was to blame for her fall. Therefore, she claims that her fractured leg stems from damages she sustained in the…

  • Effective Co-Parenting After Separation or Divorce

    ByRory Parnell Hours

    Understanding the Goal of Co-Parenting When parents separate or divorce, one of the most important challenges they face is learning how to successfully co-parent. While the romantic relationship may end, the parenting relationship does not. Effective co-parenting allows children to maintain strong, healthy relationships with both parents while providing the stability and consistency they need to thrive. At its core, co-parenting means working together to make decisions in the best interests of the child. This includes coordinating schedules, communicating about school and medical issues, and maintaining appropriate expectations between households. Even when parents disagree, focusing discussions on the child’s well-being rather than past conflicts can make cooperation easier. Communication Is Key Communication is one of the most critical components of successful co-parenting. Parents should aim…

  • 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….