New Hampshire Recent Legal Answers from Lawyers

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 More

Hello,   There is not enough information here to answer your question. Are you trying to file for a green card based on marriage to a U.S. citizen, a different relative or through work? Do you have a criminal record, etc. All these will make a difference as to whether you qualify for a waiver. It is a good idea to speak to an immigration attorney and give them your detailed personal information so that they can let you know if you can apply for a waiver.   The information above is of a general nature and is not, nor is it intended to be legal advice. For specific legal advice about your situation, please speak to your immigration attorney. ... Read More

Hello, You should go to court or else you would be ordered deported in your absence. By going to court, you may be able to fight deportation if there is a way for you to get legal immigration status in the U.S. To find out what may happen in court, you would need to provide more detailed personal information than you can here. It is important that you speak to an experienced immigration attorney and let them know your immigration history and any other information that is needed to see how to help you. With this information, an immigration attorney can see if you qualify for a waiver or any other application to get legal status during the court proceedings. Please do not rely on general information from the internet for something so important.  Good luck.    Disclaimer: The information above is of a general nature and is not, nor is it intended to be legal advice. For specific legal advice about your situation, please speak to your immigration attorney. ... Read More

You and the other side should have already exchanged mandatory disclosures and financial affidavits. You should also bring an updated financial affidavit and paystub if it has been more than 30 days since producing your most recent one. You should a draft proposal so you can explain to the mediator what you are looking for. You should a lawyer review any potential agreement before you sign anything, especially if the other side has a lawyer. ... Read More

With shared custody, if the court finds that the parenting agreement is not working then the court may change the plan based on a finding of the child's best interest.  So, your ex must prove the plan is not working and why going to kindergarten makes the plan unworkable.  If she does that, then the court will decide which home is in the child's best interest to live in more.  It therefore possible that the court could order that the child reside with you.  It is important to take the issue seriously.  You should consider using a guardian ad litem to help the court make a decision.... Read More

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 More

Your ex cannot do anything without court approval. So, the sheriff cannot remove you from the house without a hearing and a court order. Even if the court order does not say you must list the house at the appraisal value, the appraisal may still be relevant. You have an obligation to list the property at fair market value. So, your ex may use the appraisal to claim your are not acting in good faith. The court will hold a hearing and you will have a chance to explain why the appraisal is wrong. You should bring your broker to court to explain why you listed at the price.... Read More

If there is equity (house value less mortgage balance) in the house, then the person staying would need to refinance the mortgage on the house plus pay the other spouse his/her share of the equity.  If the person staying cannot get the funds to pay the other spouse his/her share, then the house may need to be sold.  You should get an appraisal to determine the market value of the house.  I don't recommend people rely on the assess value from the town.  If there no equity in the house, then the other person will still need to refinance in order remove the other spouse from the mortgage obligation.  Just because you get a divorce, does not remove the leaving spouse from the mortgage obligation.  Just to clarify, court's do not divide 1/2 of the market value, the court's divide the equity.  ALso, you should know that the court may award one spouse more than 50% of the equity if the circumstances justify it. Many thanks.... Read More

I surmise from your question that neither your husband nor you lived in NH during the marriage. Because your husband doesn't live in NH, he cannot file a divorce petition in NH. You may file in NH if you serve your husband with the divorce petition when he is NH. If you have lived in NH for a year or more then you don't need to worry serving him in NH. I would be happy to discuss this further with you if you have questions. Many thanks.... Read More

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 More

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 More

In an equitable jurisdiction states, such as New Hampshire,  all property, including gifted and inherited property, are considered marital assets and subject to division, even if the property is held in the name only one spouse.  However, being an equitable jurisdiction state, the court may chose not to divide the gifted property or limit the division of the asset.  There are a number of factors which plays a role in the court's analysis, such as the length of the marriage, age of the parties, health of the parties, the needs of any children, the ability of the both spouse to earn future income, etc.  Please let me know if you have any further questions.... Read More

Thankfully, neither of you were injured. And it is that lack of injuries that means you don't have a lawsuit. In addition to negligence, you need to prove damages, that the negligence caused some real harm. Consider yourself fortunate that you have no case. Any thought that fear is compensable is very attenuated. ... Read More