New Hampshire Divorce Legal Questions

The law does not favor one spouse over another when deciding who stays and who leaves.  The court looks at the facts of each case and will decide based on the fairness of the situation.  Typically, it is not adviseable to leave the house prior to the filing of divorce, except in situations when your safety is in question.  Best wishes.... Read More

Rochella, the answer will depend on the family's finances.  If there are funds available, then you may ask the court to allow to use the funds for attorney fees.  Many lawyers also accept credit cards.  You should be open to resolving the divorce amicably, but be prepared if your husband decides to be uncooperative. Best wishes.... Read More

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 More

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 More

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 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 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

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

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

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