Collaborative Law

In August of 2016, the New Hampshire Supreme Court issued a decision In the Matter of Munson and Beal which gives the Court the clear ability to consider the parties’ premarital cohabitation in the determination of an equitable division of marital property.Every discussion about the division of marital property begins with what is marital property. Many clients come into our office with the belief that assets titled to that party individually or assets that the party brought into the marriage are not marital assets. This is wrong. In New Hampshire, RSA 458:16-defines marital property as all assets titled to either party individually or to the parties jointly. This means that all assets are marital assets, no matter how they are titled. The statute also requires…

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…

As couples with teenage children are considering divorce, one of the things to think about is the timing of the divorce. We have always considered the timing of divorce as this impacts the parties’ ability to file a joint income tax return. However, I had never considered how this might impact their children’s ability to get financial aid. I recently came across a post from Robert Bordett, a Certified Financial Planner and Certified Divorce Financial Analyst in Georgia, in which he shares some information he learned about the timing of divorce and its impact on financial aid. https://familyaffaires.com/co-parenting-work-together-divorce/. A collaborative divorce process allows the family to consider all factors associated with their divorce, including the timing. As Mr. Bordett explains, the timing of the divorce…