Family law

  • |

    What is a Partition and How Do I Know if I Have Equity?

    ByParnell, Michels & McKay Law Offices Hours

    Imagine the following situation: a couple gets engaged, but before the wedding, decides to buy a house to live in together, planning to live in the house before the marriage and after. Things go well for a time, but then the relationship falls apart and the engagement is off. Now the couple is left with the issue of what happens with the house. The answer lies with a petition to partition. At the outset, it is important to remember that if the marriage had gone through and the couples were divorcing instead of breaking off an engagement, the fate of the house would be decided by the Family Court in the divorce. Second, it is important to remember that any mortgages or other liens against…

  • Home Ownership and Divorce – Family Law

    ByParnell, Michels & McKay Law Offices Hours

    In many divorces, the party’s main asset is the marital home. Therefore, one of the questions we hear the most in family law is “what’s going to happen to my home?” For some, this is a purely financial question. For others, there is a great deal of emotional attachment with concerns about the party’s children and their own future living arrangements. For most, the parties generally agree that there should be equal division as equitable compensation, but the question is how that is accomplished. This blog post will cover the parties’ options in dividing the marital home. Option 1: Sell the Home This is the “cleanest” option and allows both parties a fresh start, as well as provides the most financial return to each party….

  • Important Potential Change to iMessaging

    ByParnell, Michels & McKay Law Offices Hours

    Text messages are a common exhibit for family law cases. At times, text messages can be a strong barometer of truth, as future litigants send text messages to one another not thinking that a third party may read them some day. For others, it’s evidence of other party’s volatile emotional state, or inability to communicate about coparenting issues. No matter how they are used, the fact remains that text message images are a steady source of exhibits in family law cases. Accordingly, it’s really important that potential family law litigants be aware of Apple’s potential modifications to their iMessage app. First, it’s important to say that as of writing this blog, Apple has not officially said what their modified features are going to look like…

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

    ByParnell, Michels & McKay Law Offices Hours

    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…

  • |

    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…

  • |

    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…

  • |

    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…

  • |

    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 Parenting Orders and Modifications

    ByParnell, Michels & McKay Law Offices Hours

    COVID-19 continues to present many challenges to New Hampshire and its families. With the Governor’s directive limiting gathering significantly, closing schools, and asking many people to work from home, families have been inundated with concerns about their current parenting orders or obtaining new ones.Please note that this article should not be read for anyone person’s particular situation or be interpreted as legal advice. Everyone’s situation is different, and if you have legal concerns regarding the interpretation or modification of a parenting plan, you should speak with one the family law attorneys at Parnell, Michels & McKay.NH RSA 461-A:6 sets the “best interest of the child” legal standard for drafting or modifying a parenting plan. The best interest of the child is determined by up to…

  • 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…