New Hampshire Recent Legal Answers from Lawyers

The house would have been part of the marital estate regardless in whose name the title is held.  While the presumption in NH is that all property will be divided equally, the court may consider factors such has inheritance, the length the marriage, and money of the factors in deciding not to divide property 50/50.  You should seek a consultation with a lawyer, many of whom offer a free initial consultation. 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

As a step father you do not have the right to file.  If the court order is from NH court and the children have graduated high school, then the obligation to maintain health insurance ends unless the parties had a written agreement to extend beyond 18 that was approved by the court. ... 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

If your former customer is making false statements of fact which are hurting your business, you (and/or your business entity.d depending on the circumstances) may have a claim against him for defamation.  If, however, the former customer is merely stating his her opinion, he has every right to do so.... Read Answer

If both of you live in NH then NH will apply it own law on alimony.  NH does not have guidelines for alimony, like child support.  Accordingly the amount and length of alimony varies from case to case.  It depends on variety of factors including the income potential of both parties and life style during the marriage.  An experience NH divorce lawyer would need to review the assets and income to give an opinion on potential alimony. Best wishes.... Read Answer

Depending on the facts, you may be forced to sue in Mexico but you should speak to a lawyer about it for more information.  If the resort has insurance, you may be able to negotiate a settlement through the insurance company.  Be careful if you speak to the insurance company as the adjusters are not looking out for your best interest.... Read Answer

The presumption is a 50/50 division but court will consider deviating from the presumption for short term marriages.  If there is has been no contribution to the home and business by the spouse then the court may award the property to the spouse who had the property before the marriage.  Best wishes.... Read Answer