legal separation

  • Unmarried Parties and the Collaborative Process

    Many couples today choose not to get married, but instead live together in a committed relationship as married couples do, having children and purchasing a home, without the benefit of marriage. Although this decision not to get married may work well for the couple while they are happy, if the relationship breaks down, it is far more difficult for the couple to separate and secure Court orders to address all of their issues. When a couple who is married chooses to separate, the Family Court in New Hampshire will address all issues the couple needs addressed, including parenting, support and the division of assets and debts. However, when a couple who is unmarried chooses to separate, the Family Court can only address parenting and child…

  • Are You Handling Security Deposits Correctly?

    Parnell, Michels & McKay regularly handles landlord/tenant matters in New Hampshire. We often find that a lot of tenants are completely unaware of many of the basic rules that apply to them as renters of real estate. One of the biggest confusions we see is the law as it relates to security deposits. Often, a landlord decides to keep a security deposit unjustifiably, fails to follow the statutory procedure, and ends up unlawfully taking the security deposit of a tenant. RSA 540-A:7 governs the return of security deposits to tenants. Generally, the security deposit must be returned within thirty (30) days from the termination of the tenancy. However, some landlords just decide to keep it and “dare” the tenants to do something about it. This…

  • 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…