collaborative divorce

  • 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…

  • What is a No-Contest Divorce and Why Do I Need an Attorney?

    ByParnell, Michels & McKay Law Offices Hours

    While all divorce agreements must be approved by the Family Court to be enforced, not all divorces end up in litigation. In fact, many divorces in New Hampshire do not even have lawyers. In New Hampshire, a “no-contest” or “uncontested” divorce informally refers to a divorce by agreement. In these cases, the Court will approve the parties’ requests (property division, support orders, parenting plan, etc.) without engaging in litigation. Plainly, an uncontested divorce occurs when the parties agree upon the terms of their permanent separation. As mentioned, many divorce decrees are “do-it-yourself” divorces. In these situations, parties that agree that their marriage reached its natural end. Therefore, the parties put together an agreement from the Family Court’s online forms and checklists, and submit the agreement…

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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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    I Asked for a Divorce, Now What?

    ByParnell, Michels & McKay Law Offices Hours

    This article was written by Cathy McKay and originally published at Collaborative Divorce New Hampshire. Many clients who come in to see me for a divorce ask me this very question: “I’ve told my spouse that I want a divorce, but now what do we do?” The answer is that once you have made the decision to get divorced, you need to decide how to proceed. This means that you need to decide what type of divorce process you want. One option, and the one most known, is the option to file a Petition for Divorce with the Court. This will open a case with the Court and will require the parties to then follow all Court rules, participate in several hearings, and ultimately, a…

  • Grounds for Divorce in New Hampshire

    ByParnell, Michels & McKay Law Offices Hours

    Persons getting divorced in New Hampshire have a choice to make on the grounds for divorce. New Hampshire is considered to be a no-fault divorce state as neither party is required to prove specific grounds to get divorced. The petitioner needs to simply state that irreconcilable differences have caused the irremediable breakdown of the marriage. (NH RSA 458:7-a). This means that the marriage is broken down and cannot be repaired. These no-fault grounds for divorce are by far the most common grounds alleged to get divorced in New Hampshire. It is also possible to get divorced in New Hampshire based on specific fault grounds for divorce. (RSA 458:7). Those fault grounds include: Adultery Extreme Cruelty Treatment by one spouse that seriously injures the health of…

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    Splitting College Expenses Between Divorcing Parents

    ByParnell, Michels & McKay Law Offices Hours

    One of the most difficult challenges families face is paying for college. Although it is wise to save for college in a 529 Plan or other type of financial investment, not many families find that they are able to contribute much to these accounts while paying for the rest of life’s daily expenses. This becomes even more challenging when couples are getting divorced as it costs more to support two households than one. Courts cannot force divorcing parents to contribute to college Under New Hampshire law, the Court cannot force parents to pay for their adult children’s college expenses unless the parents have agreed to fund their children’s college expenses or set aside assets intended to pay for their children’s college expenses. Even though the…

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    How Collaborative Divorce Can Help When Pets Are Part of the Family

    ByParnell, Michels & McKay Law Offices Hours

    Nowadays, 80 percent of owners view their pets as family members, according to a survey by the American Veterinary Medical Association (AVMA). More dogs and cats are adopted from shelters, friends, or relatives, or taken in as strays than are purchased from stores and breeders. Nearly all cat owners and more than half of dog owners describe their pets as mixed breeds or mutts. In short, pets have increasingly become a part of our families so it’s no surprise that they are now part of our divorces too. During a collaborative divorce meeting, your lawyer will guide you through an interview process to gather general information about many subjects from assets, like real estate holdings and retirement accounts, to concerns about the children, such as…

  • Understanding Your Role in the Divorce Process

    ByParnell, Michels & McKay Law Offices Hours

    If you are getting a divorce for the first time, there is a strong likelihood that you are anxious or nervous about the whole process. You may also be worried about what the future will bring. After all, while you were married, you probably felt comfortable about the direction your life was heading and now, the future is wide open. If you are considering divorce, there a number of things you can do to prepare yourself before “starting” the divorce process: There are a lot of laws regarding divorce, asset division, debt division, child support, and alimony in New Hampshire. So, your first job will be to become knowledgeable in them. You can start by educating yourself online, but you have to be careful about…

  • I’m Getting Divorced and I Co-Own a Business with my Spouse

    ByParnell, Michels & McKay Law Offices Hours

    According to the National Federation of Independent Business, approximately one million businesses are co-owned and operated by married couples. So, what happens when the couple decides they want to pursue divorce? It is essential to maintain the business throughout divorce—especially if it is the sole source of income. If the two parties are unable to agree on an equitable distribution of the business assets, matters can become especially complicated. The easiest way to go about handling a business during divorce is for one partner to buy out the other; however, this cannot be completed unless a fair valuation of the company is determined. It is important to begin this process early and to settle as soon as possible. Dragging out the process will only lead…

  • Avoid These Common Mistakes Often Made in High Net Worth Divorces

    ByParnell, Michels & McKay Law Offices Hours

    Like other marriages, high-net worth couples don’t just divorce without reason. Heartache is heartache no matter portfolio size; however, when there are significant assets, such as business interests, real estate, large retirement accounts, investments, and other assets on the line, emotional decisions can wreak havoc on high-net worth divorce settlements, and the spouses’ assets after the divorce. As New Hampshire divorce attorneys who represent couples in high-net-worth divorces, we thought we’d list some common mistakes made by couples with high-net worth during divorce. Fortunately, these mistakes can be avoided with quality legal counsel. Contact Law Offices of Parnell, Michels & McKay Our law practice covers every area of family law and includes all divorce and post-divorce issues, unwed parenting and property issues, domestic violence, adoption,…