Family Law

Collaborative Law | Family Law
Federal Appeals Court Rules Defense of Marriage Act (DOMA) Is Unconstitutional
ByParnell, Michels & McKay Law Offices June 29, 2012September 16, 2025
The Defense of Marriage Act, also known as “DOMA”, is a federal statute that was passed in 1996. The act states that when it comes to federal laws and regulations, marriage is defined as between a man and a woman only. The effect of this law was to limit the ability of same-sex couples from receiving social security survivor benefits and prevent them from being able to file joint taxes together. The law also stated that other states do not have to recognize same-sex marriages in other states if their state did not recognize them. The ruling focused on these denials of benefits to same-sex partners and involved a type of legal analysis in constitutional cases called the “rational basis” test. This is the lowest…
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Collaborative Law | Family Law
Divorce Hotels: The Netherlands Unique Approach To Dissolving A Marriage
ByParnell, Michels & McKay Law Offices June 19, 2012September 16, 2025
It’s a very difficult situation when two people are divorcing. The process can take a lot of time and money, and only lead to more frustration. It is not an easy process but is one that the Netherlands is taking a new approach to resolving. They have introduced “Divorce Hotels”. The divorcing couple checks in on Friday and leaves on Sunday with a divorce agreement. How do they do it? Well, they have a team of mediators, psychologists, and lawyers that get involved to help facilitate the final divorce agreement. The cost can range from $2,500 to $10,000 depending on the complexity of the assets and whether there is a fight over custody of the children. The parties then sit down and try to resolve…
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Collaborative Law | Family Law
Modifying Your Parenting Plan In New Hampshire: Case Law v. Statutes
ByParnell, Michels & McKay Law Offices May 29, 2012September 16, 2025
In 2009, a decision was reached by the New Hampshire Supreme Court In the Matter of Muchmore and Jaycox. The decision was based on the modification of parenting plan statute, titled RSA 461-A:11. At the time Muchmore was decided, the statute provided that only a substantial change in circumstances could justify a change to the parenting plan. In Muchmore, the father petitioned for a change in the parenting plan because it was in the best interests, he posited, of the minor child. The lower Court decided that a modification was appropriate, and granted his request. Our New Hampshire Supreme Court reversed, citing a strict application of the statute. The result was frustration by legal minds around New Hampshire, as the bar to hurdle for a…
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Collaborative Law | Family Law
Divorce In New Hampshire: Important Documents
ByParnell, Michels & McKay Law Offices April 29, 2012September 16, 2025
As a local Judge likes to say during First Appearances in a divorce matter, “You are all likely going through the worst time period of your lives. We’re here to try to figure out how you move on, and what you need to do to make that process easier.” It’s true, divorce means a marriage is ending, and that is a difficult process to be involved in. Yet, as statistics show, Divorce has become much more commonplace and living in a divorced home has seemingly become more of the norm. However, the process is still draining, and most people don’t know what to expect from the divorce process. In a divorce, one of the married persons files a Petition for Divorce, and in a typical…
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Collaborative Law | Family Law
Collaborative Law: How The Collaborative Process May Be Right for You
ByParnell, Michels & McKay Law Offices March 30, 2012September 16, 2025
As our main site explains, the collaborative process is most prominent in family law. In this arena, its benefits are very much amplified. Each party signs an agreement to commit to the collaborative process. This agreement includes a number of provisions that describe the commitment to the process and working out the differences without the necessity of Court involvement. The reasons these provisions are included is because the Court process can be a long, arduous, and emotionally draining ordeal. Parties that wish to work with legal, financial, and psychological professionals can utilize the central tenets that serve the backbone of collaborative law. The financial advisor is a third party, selected jointly by the parties and their attorneys, who has training both in the collaborative process…
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Collaborative Law | Family Law
The New Hampshire Family Division’s New Mandatory Disclosure Rules: How To Find and Understand The New Requirements
ByParnell, Michels & McKay Law Offices February 22, 2012September 16, 2025
In every family case involving divorce, parenting, annulment, civil unions, and more, the Court is now requiring each party to disclose documentation to the other party. The documentation includes tax returns, pay stubs, and health insurance information among other general financial documentation. Yet, the important part of these new rules is that they are mandatory. If you do not disclose, then you will face penalties. A party might not be able to offer any document into evidence, or even talk about that evidence at trial if the document was required under the new rule. A party may not even be able to conduct additional discovery (information/document requests) or file any discovery motions seeking information if they did not comply with the rule. What does this…
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Family Law | General Litigation
Proposition 8 Overturned on Appeal: How The Court Found The Ban on Same-sex Marriage Unconstitutional
ByParnell, Michels & McKay Law Offices February 20, 2012September 16, 2025
Many people have heard of the most recent decision of the 9th Circuit Court of appeals in Perry v. Brown. This is the case that challenged the California law that bans same-sex marriage. Proposition 8 was passed in a general election where a majority of the voters of California enacted the legislation banning same-sex marriage. Legal challenges were quick, and the 9th Circuit’s opinion was the latest in the same-sex marriage debate. To understand the decision from a legal perspective, it is important to understand the legal distinction that same-sex couples are not recognized as a “protected class” within the definition of America’s equal protection laws. Certain classifications of persons fall into legal protected classes under our laws. This is typically understood as gender, race,…
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Collaborative Law | Family Law
Can You Get Divorced Without Ever Being Married?
ByParnell, Michels & McKay Law Offices January 19, 2012September 16, 2025
In a recent case decided on January 13, 2012, the New Hampshire Supreme Court decided that very question. The case is titled In the Matter of Mallet v. Mallet, and it involved a couple that had lived together for almost fourteen years. This was no ordinary unwed couple, as they had children together, repeatedly told others they were married, wore wedding rings, owned property together, shared the same last name, and even told people they had participated in a wedding ceremony. The mother, Tami, petitioned for divorce and argued that they were married by “estoppel”. Estoppel is a legal concept that involves three basic factors: (1) a knowingly false representation or concealment of material facts; (2) a recipient who was ignorant of the truth and…
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