New Hampshire Family Legal Questions

If you are able to serve him in New Hampshire then you may file for divorce now.  If you cannot serve him in NH then you must wait until he moves to NH or wait one year if he does not move to NH.  If you want to move back to Indiana then you may not want to file in NH.  You should discuss with a lawyer.  Best wishes.... Read Answer

If this happening around the children then you may file an emergency motion with the court to protect the children.  Depending on the facts you may have an obligation to report the incident to the DCYF and/or the police.  A lawyer with family law experience would be in the position to help you.  Best wishes.... Read Answer

Because you and your partner were not married at the time of this death, and assuming your partner had no will, you could only inherit from your partner’s estate if you could show a “common law” marriage existed.  Under New Hampshire law, a common law marriage exists if the couple resides together for at least 3 years, identified themselves as spouses and were known in the general community as husband and wife.  For example, did your spouse introduce you as his wife? Did you send cards or letter signed as Mr. and Mrs. X?  If you cannot prove a common law marriage existed, you would have no ability to inherit from his estate, including partake in any personal injury/malpractice settlement or judgment. Best wishes.... Read Answer

Mediation is required.  The court is going to require it.  You may request the court schedule a Neutral Case Evaluation ("NCE") in lieu of mediation. An NCE is more effective as a sitting family law judge will provide his or her assessment in an effort to resolve the matter. Best wishes.... Read Answer

Your post does not ask a specific question. If your looking to change the parenting plan for your son to live with you primarily, you need to prove the shared custody schedule isn't working and that it is in your son's best interest to live with you.  These are difficult cases with high risk as if court could find it is in your son's best interest to live primarily with your ex.  His age is an important factor as well as whether he will tell a guardian ad litem that he wants to live with you. Best wishes.... Read Answer

You should review the parenting plan again.  Most parenting plans states if a parent requires child care by someone who does not reside in her/his house, then the other parent is entitled with the first option to watch the children.  The language of the parenting plan is very important.  If your plan does not have this condition, then your ex must allow the children to be with you unless the parenting plan is changed.  Best wishes.          hours, then the ... Read Answer

The ability of a non-parent to get guardianship over your children is exceptional but possible.  The non-parents have a high burden of proof to remove the children from you.  Even though there is a high burden, you need to prepare thoroughly to ensure your rights are protected.  Best wishes.... Read Answer

Under New Hampshire law, all property acquired through and including the date of divorce is part of the marital estate and subject to division, even if the property is held in only one spouse's name.  Accordingly, the divorce court has the authority to divide the gift from your parents even if given after the separation or the filing of a divorce petition.... Read Answer

Given her age, the court will consider her preference but the court is not bound by it. The court will look want to know your daughter's reason and make sure it is not the result of improper influences. If you are going change custody and child support, the court must approve it. Even if her mother agrees, it must be in writing and approved by the court. Until the court. Issues a contrary order, you are responsible for child support.... Read Answer

The state has options available to it that you cannot get on your own.  Such as, the state can capture the father's federal income tax refunds and can revoke the father's driver's licenses and car registration.  Have those options been explored?  If father has property, then you may be able to attach the property and order it to be sold.  Have you explored a contempt motion and requested that the father be confined to jail until he complies with the child support order? ... Read Answer

Depending on how much your husband earns and the amount of the marital assets will determine if and how alimony he will pay. Additionally, I recommend you stay in the marital residence until you speak to a lawyer. It possible you may be able to stay in the residence and your husband be ordered to leave. Once you leave you may not be able to get back in. If you any concern about domestic violence then please contact the police if you are in imminent danger.... Read Answer

If there is a pending case open, then you have 10 days from the date he filed the motion to file your objection.  If you do not file a timely objection, then the court may make a decision without your input.  So, it is very important you file a timely objection.  If your ex is making the payment, then you have the right to file a contempt motion.  Many thanks.... Read Answer