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272 legal questions have been posted about by real users in New Hampshire. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.

How does one go about getting their criminal record expunged?

Answered 9 years and a month ago by Michael J Palumbo (Unclaimed Profile)   |   31 Answers   |  Legal Topics: Criminal Law
It depends on the nature of the case, severity of the crime, and how long ago the conviction occurred. They can be very costly. You can always represent yourself, but as a practical matter, yes you do need a lawyer. Cost depends on the nature of the case, severity of the crime, and how long ago the conviction occurred. Our office stands ready to give you a consultation on your particular situation. We would charge $300 / hour for a consultation and estimate it to take 2 hours.... Read More
It depends on the nature of the case, severity of the crime, and how long ago the conviction occurred. They can be very costly. You can always... Read More

How does one go about getting their criminal record expunged?

Answered 9 years and a month ago by Michael J Palumbo (Unclaimed Profile)   |   31 Answers   |  Legal Topics: Criminal Law
It depends on the nature of the case, severity of the crime, and how long ago the conviction occurred. They can be very costly. You can always represent yourself, but as a practical matter, yes you do need a lawyer. Cost depends on the nature of the case, severity of the crime, and how long ago the conviction occurred. Our office stands ready to give you a consultation on your particular situation. We would charge $300 / hour for a consultation and estimate it to take 2 hours.... Read More
It depends on the nature of the case, severity of the crime, and how long ago the conviction occurred. They can be very costly. You can always... Read More

Do i beed to attend a divorce hearing

Answered 9 years and a month ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you fail to attend the hearing the court could sanction you, which may include an award of attorneys and/or making an order without your input.  It is your best interest to attend all hearings.
If you fail to attend the hearing the court could sanction you, which may include an award of attorneys and/or making an order without your input.... Read More

we are in the process of divorce but we are renting our home is there any law that says we should share 50-50 the income from the rent?

Answered 9 years and a month ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You may ask the court to issue Temporary Orders regarding the rental profits.  The court will want to make sure, though, that there is enough income to pay for the household expenses before dividing the profits.  Best wishes.
You may ask the court to issue Temporary Orders regarding the rental profits.  The court will want to make sure, though, that there is enough... Read More
This is a very serious issue.  Your daughter should seek the advice of attorney in Delware where she lives with the children.  Your daughter should also speak to a domestic violence counselor for guidance and to discuss what services are available to help her and the children.  Best wishes.... Read More
This is a very serious issue.  Your daughter should seek the advice of attorney in Delware where she lives with the children.  Your... Read More

I left my husband because he abused me

Answered 9 years and 4 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Have you ever filed a restraining order?  It is an effective to protect you from abuse and you could have remained in the house.  You should consult with lawyer to protect your rights.  Many lawyers offer a free initial consultation.  Best wishes.
Have you ever filed a restraining order?  It is an effective to protect you from abuse and you could have remained in the house.  You... Read More

Kids custody after divorce.

Answered 9 years and 4 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The law allows you to represent yourself in a divorce proceeding.  However, the divorce process is complex and you may be at a disadvantage by representing yourself.  You should at least consult with several lawyers, many of whom offer a free initial consultation.  It is not clear what you mean by "sharing custody".  If you mean that the children will spend equal time with both parents then you should consider how close you and husband will live to each other and how it will work for getting the kids to school or daycare.  The time to get divorce varies depending on the complexity of the issues, such as whether custody is contested, finances, etc.  If you have an agreement then it can happen quickly.  If there is no agreement it could take around a year or longer if the issues are complex or one party appeals to the NH Supreme Court.  Best wishes.... Read More
The law allows you to represent yourself in a divorce proceeding.  However, the divorce process is complex and you may be at a disadvantage by... Read More

I am seeking advice on filing for divorce and we now live in two different states

Answered 9 years and 5 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You cannot file in NH yet unless your husband signs a joint petition for divorce or you serve him the divorce papers when he is in the State of NH.  Otherwise, you need to be in NH for one year before filing.  Best wishes.
You cannot file in NH yet unless your husband signs a joint petition for divorce or you serve him the divorce papers when he is in the State of NH.... Read More

Do we have to go to court for mediation or can we do it on our own?

Answered 9 years and 6 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The exisiting parenting plan likely has a provision that you would go to mediation before filing a modification with the court.  You may also try individual counseling for your daughter.  If you have shared decision making you will get to get your ex's consent as well.  You may also consider family counseling so your daughter can communicate with her father in an appropriate environment.  Best wishes.... Read More
The exisiting parenting plan likely has a provision that you would go to mediation before filing a modification with the court.  You may also... Read More

I am leaving my spouse today. How soon should i contact a lawyer?

Answered 9 years and 6 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Before leaving the marital residence, you should discuss the ramifications with a lawyer.  Unless there is a concern for your physical safety, you remain in the residence.  Best wishes.
Before leaving the marital residence, you should discuss the ramifications with a lawyer.  Unless there is a concern for your physical safety,... Read More
You can try and address the issue with the court in which he made the false statements.  If you do complain to the judge, he or she may want to review your records from the clinic.  The judge can refer the case to the county attorney but that does not happen often.  You can file a complaint with the police yourself but the police often refer such complaints back to the court in which the false statements were made.  If the police do pursue charges, the judge may be bothered that you are using the criminal process and not addressing the issue with her/him.  Best wishes.... Read More
You can try and address the issue with the court in which he made the false statements.  If you do complain to the judge, he or she may want to... Read More

This is my first child, should I go for full custody?

Answered 9 years and 8 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Given the facts you provided you have letigimate concerns.  Because you are not married, paternity must be established before he can visitation and you can get support.  Father has no rights to be present at birth unless you agree.  If you have concerns about safety then you may consider not allowing him to be present.  I hope everything goes well with the delivery. Best wishes.... Read More
Given the facts you provided you have letigimate concerns.  Because you are not married, paternity must be established before he can visitation... Read More

My husband left me can he take the house

Answered 9 years and 8 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
NH is an equitable jurisdiction state, which means all assets are divided fairly, but the court starts with the premise that the assets will be divided 50/50.  To answer specific questions, a lot more information is needed.  You are best served by seeking a consultation with a lawyer, many of whom offer a free initial consultation. Best wishes.... Read More
NH is an equitable jurisdiction state, which means all assets are divided fairly, but the court starts with the premise that the assets will be... Read More

Should i hire an attorney?

Answered 9 years and 8 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
Without knowing more about your background or facts of the case, it is very difficult question to answer.  DV hearings are difficult and the ramifications can be significant.  While you are entitled to represent yourself, many times that is not the best course.  Knowing what evidence to present is important. For example, do you subpoena the police officers to the hearing or not.  There is a lot of strategy that is involved in the process.  Best wishes.... Read More
Without knowing more about your background or facts of the case, it is very difficult question to answer.  DV hearings are difficult and the... Read More

Can i get my fiance visa if i was married twice before?

Answered 9 years and 8 months ago by Randall Drew (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
Being married twice previously to US citizens does not make you ineligble for a fiancee visa. The marriages will be an issue, especially if the prior husbands filed immigration paperwork for you in the past. Proof of the domestic violence causing the end of the relationships (and certified divorce certificates) will help with those issues. It might not be easy to get your case approved, but it should not be impossible.     All the best,  Randall... Read More
Being married twice previously to US citizens does not make you ineligble for a fiancee visa. The marriages will be an issue, especially if the prior... Read More

My ex wife has not told me she has moved.

Answered 9 years and 8 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You may file a contempt motion.  Before you file, you should send her an email asking her to provide the infomation or you will file a contempt motion.  Best wishes.
You may file a contempt motion.  Before you file, you should send her an email asking her to provide the infomation or you will file a contempt... Read More

divorce

Answered 9 years and 9 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Possibly.  Alimony is based on a judge's finding that you are in need of alimony and that your spouse has the ability to pay.  Unlike child support, there is no guideline calculations, which means alimony varies between judges.  Best wishes.
Possibly.  Alimony is based on a judge's finding that you are in need of alimony and that your spouse has the ability to pay.  Unlike child... Read More

Is she still responsable?

Answered 9 years and 9 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You may request your wife to pay half.  Typically, court will order that the principal payments be reimbursed to you upon the sale but it may not be worth going to a hear on that issue a lone.  Best wishes.
You may request your wife to pay half.  Typically, court will order that the principal payments be reimbursed to you upon the sale but it may... Read More

custody for a nephew

Answered 9 years and 9 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Is there a specific question you have?  Getting custody over a biological parent is very difficult as biological parents have constitutionally protected rights to parent his/her children.  If the parent is not fit, then the court may award guardianship over the child to another person.  Best wishes... Read More
Is there a specific question you have?  Getting custody over a biological parent is very difficult as biological parents have constitutionally... Read More

third party

Answered 9 years and 10 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family Law
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 More
You should review the parenting plan again.  Most parenting plans states if a parent requires child care by someone who does not reside in... Read More

Responding to motion if the 10th day is a Sunday

Answered 9 years and 10 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family Law
If the tenth day falls on Sunday then the time to object to a motion is extended to the next business day.  You should ask your attorney to file his/her withdrawal and you may file a pro se appearance when you file the motion.  Best wishes
If the tenth day falls on Sunday then the time to object to a motion is extended to the next business day.  You should ask your attorney to file... Read More

Transportation of child

Answered 9 years and 10 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The terms of the parenting plan govern the pick ups and drop offs.  So, if the parenting requires you to drop off at her house, you must continue to do so unless she agrees or the court modifies the parenting plan.  Given that she moved a half hour away from you, the court will consider the request.  Before filng you may want to try offering other solultions such as having all exchanges done 1/2 between you.  See the attached link: http://www.nashualaw.com/finding-a-middle-ground-in-child-custody-disputes/ . Or, maybe you change that each picks up at the other's residence at the beginning of parenting time as opposed to dropping off at the end.  Best wishes.... Read More
The terms of the parenting plan govern the pick ups and drop offs.  So, if the parenting requires you to drop off at her house, you must... Read More

Can I be fired because the compnay no longer needs my position

Answered 9 years and 10 months ago by attorney Bruce Robins   |   1 Answer
Absent a contract which limits your employer's right to terminate your employment, you can be fired for any reason other than those prohibited by statute (e.g. race, religion, gender, etc.)  So, unless you have a contract saying otherwise, your employer can fire you because it is elminating your position.  However, if this was just a pretext and your employer is really firing you or treating you differently because of your race, nationality, religion, etc., you may have a claim.... Read More
Absent a contract which limits your employer's right to terminate your employment, you can be fired for any reason other than those prohibited by... Read More

How do I secure a mortgage on a property settlement that my ex-husband owes per our divorce. He owns an auto repair garage.

Answered 9 years and 10 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
My apologies but your question is difficult to follow.  If your ex owes you money then he would sign the promissory note and mortgage.  You cannot sign a mortgage for property that is not in your name.  You should explore whether you can file a contempt in the NH case or take the NH order and seek to enforce through a Massachusetts.  In any respect, time is of the essence and you should proceed as soon as possible. Many thanks... Read More
My apologies but your question is difficult to follow.  If your ex owes you money then he would sign the promissory note and mortgage.  You... Read More

Can my son refuse to let his ex wife see their son. They have joint custody. However she never sees him because of her new husband.

Answered 9 years and 11 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Your son cannot withhold court order parenting time.  If your son has concerns, then he needs to address the concerns with the court.  Best wishes.
Your son cannot withhold court order parenting time.  If your son has concerns, then he needs to address the concerns with the court.  Best... Read More