The New Hampshire Family Division’s New Mandatory Disclosure Rules

Similar Posts

  • |

    How Will Our Retirement Assets Be Divided in Divorce?

    When clients come in to talk with us about divorce, we are often asked many questions about retirement assets. Often, only one spouse has retirement assets and the other spouse is concerned that he/she will lose the right to a share of those assets if they get divorced. This is often the case with a stay-at-home parent, who gave up his/her career to raise the parties’ children. We hear from many of these potential clients that their spouse told them they had no right to their retirement assets if they get divorced because he/she did not contribute anything to those assets. This is simply not true. In New Hampshire, all assets are “marital assets”. This includes assets that are titled to one spouse individually and…

  • “Gray Divorces”: 6 Things to Consider Before Deciding to Leave a Long-Term Marriage

    Many recent articles and news reports have focused on the topic of a “Gray Divorce.” Although there is no real definition, the term is intended to refer to couples over the age of 50 getting divorced. Although the percentage of couples getting divorced has dropped overall, the percentage of couples over the age of 50 (or 60) is increasing. If you are over 50 and have been in a long-term marriage (especially over 20 years), there are important issues you should consider before making the decision to get divorced. Have you been working outside the home for most of your marriage? If not, the financial impact of this divorce could be devastating as your income will be significantly reduced. It may be too late in…

  • Grandparent Visitation Rights

    Family law incorporates a number of intermingled and particular issues, often wracked with emotional turmoil and questions over a variety of rights. Grandparent Visitation is one such area. Strained family relationships can lead to parents cutting off contact between a grandparent and a grandchild. Fortunately, New Hampshire’s laws can provide some relief to grandparents in distress. Grandparent Visitation Rights are governed under RSA 461-A:13. While Courts in the state consider a number of factors, two factors are weighed more heavily than others. Courts will consider what is in the best interest of the child and whether the visitation would interfere with the parent-child relationship or the parent’s authority. As a general rule, a parent’s decision governs this issue. Still, the New Hampshire Legislature and Courts…

  • What is the best way to prepare for mediation in a family law case?

    Mediation is a conversation. Okay, obviously mediation is more complicated than a conversation. However, at its core, mediation is a process by which the divorcing couple, or separated parents, meet with a neutral third party to try to resolve their case. This process can be done with or without attorneys. Mediation can also be private or through the Court system. Also, mediation can be limited to particular topics (i.e. parenting, child support, property settlement, etc.). There are “pros” and “cons” with each factor you add or remove from the process. Still, mediation is always nonbinding unless and until the parties sign an agreement. Therefore, the parties are having a conversation with a neutral party about how to resolve their disputes. An overwhelming majority of family…

  • How Long Does It Take to Get Divorced?

    When a prospective client first meets with an attorney, a common question asked is how long it will take to get divorced. Although that is a great question and one that is often weighing on the client’s mind, unfortunately, the answer is “it depends.” Some divorces are completed in a couple of months, and some divorces are completed in a couple of years. Here are some of the factors that can impact the time it takes to get divorced: The family law attorneys at Parnell, Michels & McKay have a tremendous amount of knowledge and experience and can help you work through all of the issues, as quickly as is possible. If you are interested in learning more about divorce, Collaborative Divorce, or private mediation, please contact us to learn more. 

  • Should I have a Prenuptial Agreement?

    This blog was originally published at Collaborative Divorce New Hampshire by Cathy McKay A Prenuptial Agreement is a written contract entered into before marriage that will determine how assets and debts will be divided, in the event there is a death or divorce. The Court will enforce Prenuptial Agreements if there is a death or a divorce as long as the Court finds that the agreement was entered into fairly, giving both parties sufficient time and information to understand how the law may impact the agreement and their fiancé’s assets and income before signing. In addition, the Court will also need to find that the parties’ circumstances have not changed since the agreement was signed in some significant way to make the agreement unenforceable. Potential…