Co-Parenting Dos and Don’ts

Similar Posts

  • What Documents Do I Need For My Case? – Family Law

    One of the most common questions we get at our office is “what documents do I need to get you?” For family law, the answer depends on what type of case is before the Court, and what phase of litigation you are in. Any family-related petition in New Hampshire is governed by Family Division Rule 1.25-A. This Court rule has a comprehensive list of documents that any party must exchange in the course of litigation. Colloquially, this rule is called the “mandatory disclosure” rule. Depending on the type of litigation, the list is either shorter or longer. For example, divorce requires full disclosure of all the documents on this list, whereas an unwed parenting case limits the parties’ disclosures. Failure to exchange mandatory disclosures can…

  • Legal Separation vs. Divorce

    When considering divorce, people often ask whether they should seek a divorce or a legal separation. There are several things to consider when making this decision. The first is that the process that you will go through to get a legal separation is exactly the same process as a divorce. In a legal separation process, if the parties are unable to agree, the Court will decide all issues including parenting, support and asset/debt division, just as the Court would do in a divorce. The division of assets/debts in a legal separation is final, just as it would be in a divorce. Support issues and parenting issues are modifiable in a legal separation, just as they would be in a divorce. The only difference between a…

  • |

    Collaborative Divorce: Why You Want to Consider the Collaborative Approach to Divorce

    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…

  • |

    What is dognapping and is it any different from general theft?

    Written by Shea Briody Surprisingly, New Hampshire is one of the 15 states who have statutes for dognapping. Traditionally, dognapping has gone under the general crime of theft, which when defined means when a person intentionally takes another person’s property without their consent. Under New Hampshire Revised Statutes Annotated (RSA) it is enumerated under Title LVII, Chapter 367-Theft, Section 637:2-Definitions. Dognapping, however, is listed as a person intentionally taking someone’s dog without consent. As dognapping has become an increasing problem, states are still in development of specific laws regarding dognapping. So, in the meantime, legislation has put dognapping under the category of larceny. By definition, larceny is illegally taking away someone else’s property with intent to deprive said person of that property. In a dognapping…

  • |

    Can You Get Divorced Without Ever Being Married?

    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…

  • |

    What Is Income for Child Support? Recent N.H. Decision Uses Broad Definition

    We are often asked as attorneys what figure the Court uses as income for the purposes of calculating child support. RSA 458-C:3 defines “Gross Income” as “All income, from any source, whether earned or unearned…” and then goes on to include specific sources of income like wages, salary lottery or gambling winnings, etc. This is an easy concept for most people to understand. You work, you receive salary or wages, and those are calculated for child support purposes. However, what if you received hundreds of thousands of dollars from a life insurance policy? Well, the New Hampshire Supreme Court recently answered that question with a “yes”. The case, In the Matter of Larocque and Larocque, looked at whether life insurance proceeds the father received from…