New Hampshire Recent Legal Answers from Lawyers

Permanent residents must make the United States the country of their permanent domicile. Under US immigration laws, green card holders should stay in the country for at least six months out of every year. A person who immigrates does not have to spend any time here before going home. The U.S. entry stamp on the passport will allow the individual to travel in and out of the United States until the green card arrives. However, it should be noted that in a marriage case, it would be very suspicious to Immigration if the alien was to travel back and spend much time in the home country without the US citizen spouse. Such could cause great concern about the bona fides of the marriage. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.    ... Read More

You may be able to obtain a green card still if divorce proceedings are not initiated until after a decision is made. Depending upon how long you have been married, you may be granted a conditional green card which means you will need to remove the conditions in two years. You can still seek to remove the conditions if divorced if you can establish the marriage was entered in good faith.  Your wife's pregnancy gives you no independent basis for obtaining a green card. A child cannot petition for his/her parent until he/she reaches the age of 21. ... Read More

You should consult with a lawyer.  There are many questions such as who owns the property in which you were injured.  If it is a city or town, they have limited liability under the doctorine of sovereign immunity.  Many lawyers have the ability to communicate with Skype, Facetime, etc.  In order to preserve your claim you should act quickly.  Best wishes.  ... Read More

You are taking a risk by moving without consent from the court or your ex.  If you move without consent, the court may order the children to be returned to NH.  If the children return to NH without you then your ex will likely get custody.  If you petition the court for permission to move, the court will decide if you are moving for a legitimate reason.  Then the court will decide whether it is in the best interest of the children to relocate out of state with you or stay in NH with you. Best wishes... Read More

Hello. I am sorry to hear about your situation however you can proceed with your permanent resident status without being married to your wife. Given your information you should be eligible for a waiver of the joint filing requirement to remove your conditional status. Please contact me for a free consultation to determine if you are eligible for the waiver.... Read More

Before withdrawing a lawyer needs to discuss the reasons with his/her client and attempt remedy whatever reason he/she has for requesting a withdrawal.  If there is a hearing scheduled, the lawyer must file a motion to withdraw and request court permission.  The lawyer must send a copy of the motion to you.  If there is no scheduled hearing, then the lawyer may file Withdrawl of Appearance without a motion but must send a copy of the client.  I hope this answers your questions.  Best wishes.... Read More

This is a tough question to answer without more facts.  Generally, the courts with the presumption that it divide all assets and debts 50/50.  If that is the case then the best way to divide the profitsharing account is add them together and then divide by 2.  So, there is a total of $350K, so each will get $175K.  In order to accomplish that, it is the most efficient for you to keep your $50K and your husband transfer $125K via a Qualified Domestic Relation Order or QDRO, for a total of $175K.  If your husband earn some of the account before the marriage then the court may award that portion to him.  Also, depending on varies factors you may be entitled to more than 50% of the assets, but there is insufficient information to know that from the question.  These are complex issues and you may benefit from consulting with several lawyers.  Best wishes.... Read More

Adultery is still a grounds for divorce in New Hampshire but is no longer a crime.  Below are several links to article on the issue of adultery.  Best wishes.   1) http://www.nashualaw.com/resources/Legal-Articles/legal-article-archive/Family/What_Constitutes_Adultery_in_New_Hampshire.aspx 2) http://www.nashualaw.com/resources/Legal-Articles/legal-article-archive/Family/New_Hampshire_Repeals_the_Crime_of_Adultery.aspx  3) http://www.nashualaw.com/resources/Legal-Articles/legal-article-archive/Family/How_to_Prove-Adultery_in_NH.aspx 4) http://www.nashualaw.com/resources/Legal-Articles/legal-article-archive/Family/PROVING_ADULTERY_IN_NH.aspx 5) http://www.nashualaw.com/resources/Legal-Articles/legal-article-archive/Family/The_Impact_of_Cell_Phone_Records_on_Adultery_Cases_in_New_Hampshire.aspx 6) http://www.nashualaw.com/resources/Legal-Articles/legal-article-archive/Family/Role_Of_A_Private_Investigator_In_Adultery_Cases.aspx 7) http://www.nashualaw.com/resources/Legal-Articles/legal-article-archive/Family/What_To_Do_If_Your_Spouse_Cheats_On_You.aspx... Read More

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 More

It is difficult to assess from the limited facts provided.   In order to change 50/50 custody, the court only needs to find that the 50/50 custody is not working.  If your ex is being an obstacle and the court agrees with you then they may hold her contempt.  You may want to try counseling with your child to help repair your relationship.... Read More