Divorce

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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…

  • 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,…

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    Tell Tale Signs That Divorce Might Be Around the Corner

    ByParnell, Michels & McKay Law Offices Hours

    In the beginning, marriages can be a lot of fun! You get engaged, walk down the aisle, honeymoon at the beach and spend time day dreaming about the life you will build together. However, as time goes on, situations and people change. Over time, you or your partner may begin to question the relationship and the stability of the marriage. You may be contemplating separation or you may even already be living independently. And, while most rocky marriages can be revived through marriage counseling, guidance and therapy; sometimes, after all other support avenues are exhausted, divorce is simply the answer. How do you recognize trouble in the relationship? While each relationship has its own living, breathing dynamic, there are some early warning signs that commonly…

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    After Co-Parenting Ends

    ByParnell, Michels & McKay Law Offices Hours

    This blog has frequently discussed the value of good co-parenting. A common problem many couples face following a divorce is how to parent together in different homes. In general, most cases involving parenting time or decisions invokes New Hampshire’s “best interest of the child” legal standard. This particular legal phrase is frequently found in RSA 461-A, the main statute covering the legal rights and responsibilities for parents. While this legal standard may seem “squishy” to some, the flexibility it provides the field of Family Law helps to ensure that children are properly protected when parents disagree about what is best for their children.Frequently, co-parents attempt to take their spouse to Court for contempt for failure to follow the parenting plan. A New Hampshire parenting plan…

  • COVID-19 Child Support and Alimony Modifications

    ByParnell, Michels & McKay Law Offices Hours

    Pursuant to the State of New Hampshire’s orders due to concerns about the COVID-19 outbreak, many businesses are shut down and employees are out of work. While the federal and state governments are working on stimulus packages and the expansion of unemployment benefits, parties that are subject to Court orders for child support and/or alimony may want to take some additional steps.NH RSA 458-C:7 permits parties to seek a modification of a child support order any time there has been a substantial change in circumstances. The modification can become effective on the date a party has provided “notice” of the request to modify to the other party. “Notice” means service on the other party or acceptance of service by the other party.NH RSA 458:19-aa permits…

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    Is Divorce Seasonal?

    ByParnell, Michels & McKay Law Offices Hours

    ‘Tis the Season for Divorce?Research from the University of Washington has suggested that divorce filings in some states consistently peak in the months of August and March. The study noted that divorce filings may be driven by a “domestic ritual” calendar and suggested that the increased filings may be the result of unhappy spouses realizing that the holidays or vacations did not live up to their expectations. Unhappy couples often think that holidays or vacations are good times for them to mend their relationships. They seem to develop an optimistic approach thinking that things will be better in the relationship if they have a nice holiday or vacation together, as a family.In New Hampshire, the attorneys at Parnell, Michels & McKay have experienced a similar…

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    Divorce: A Personal Perspective

    ByParnell, Michels & McKay Law Offices Hours

    With almost 50% of all marriages in the United States ending in divorce or separation, most people you encounter will have one ‘crazy’ family story or another. Sadly, when I was 13 years of age, my parents decided it was time to end their marriage and get a divorce. At the age of 13, I did not fully understand why they were leaving each other and the circumstances around it. Nothing too bad was going on, in reality, they just weren’t in love with each other anymore and wanted to separate. Of course, they had their moments, but from what I have seen throughout my life, most divorces are very difficult.At such a young age, my parents did not expose me to the legalities surrounding…

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    Considering Premarital Cohabitation In An Equitable Division of Property

    ByParnell, Michels & McKay Law Offices Hours

    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…