New Hampshire Divorce Legal Questions

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 Answer

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 Answer

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 Answer

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 Answer

Generally, it is in your best interest to remain in the house until the court holds a temporary hearing and issues orders as to finances, who will occupy the home and who will pay the bills, etc.  Depending on your wife's income, your income, and the amount of debts and expenses, will determine what, if anything, you are required to contribute.  Further, if your name is on the lease or mortgage, you are responsible for the obligation.  While getting a court order does not negate your responsibility for these debts, it gives the court the power to compel your wife to make the payments if she does not do so. ... Read Answer

Generally, it is in your best interest to remain in the house until the court holds a temporary hearing and issues orders as to child custody, finances, who will occupy the house, etc.  Because your wife previsiously threatened to a domestic violence petition, that may change the circumstance as a DVP order can negatively impact th case.  Did she make the threat in writing?  When did she make the threat?  If you move out before the temporary, your wife is likely going to restrict your access to the children.  The other potential negative implications to moving out of the house.  Many thank.... Read Answer

If you are looking to file on your own, you may obtain the forms from the court or online from the NH Judicial Branch website.  There are several forms that you and your husband will need to complete and file with the court.  If you and your husband agree to terms then you may file jointly.  You may also want to discuss the settlement terms with attorney before you sign to make sure you understand the impact of the agreement.  Many thanks... Read Answer

It is unclear from the question whether the amendment was approved by the court, the nature of the payments you owed to him under the divorce agreement or if there is a current court case pending.  Depending on the terms of the 2012 amendment, you may be able to argue that the amendment acts as a waiver or at least put the burden on your ex to prove there is still money owed.  Best wishes.... Read Answer

While NH  allows for annulments, the reason to grant annulments are limited to certain grounds.  The following grounds are recognized in NH to annul a marriage: 1) incest; 2) bigamy- one or both spouses where legally married to another person at the time of the marriage; 3) married before reaching the age allowed by law; 4) marriage that did not follow requirements of state law (i.e. no marriage license or not solemnized before appropriate official); 4) fraudulent representation of something essential to the marriage relationship. making impossible the performanc of the duties and obligations of the marriage.  If you file for annulment and the court does not find sufficient cause to establishment an annulment, then you will still need be married and will need to file for divorce.  It is important that you make sure your grounds are strong before deciding how to act.  I have found annulments on fraud grounds to be difficult to establish, while annulments on bigamy to be somewhat easier.  Many thanks,  KevinP. Rauseo, Esquire.... Read Answer

Upon divorce, the court will divide assets.  The laws presumes the assets will be divided equally but the court may awarded one spouse more assets than the other spouse depending on various factors.  The court will also decide if one spouse will pay support to other.  This depends on the income levels of the both parties.  If there are children, the court will issue parenting orders and child support provisions.  You may file for divorce based on irreconcilable differences that the cause the breakdown of the marriage. No fault is needed for divorce on that basis.  The law also allows you get divorce on fault grounds but this is not required.  The fault grounds are adultery, habitual intoxication, extreme cruelty, conduct to injure health and reason and impotence.  Many thanks... Read Answer

While there is no requirement that a person use a lawyer in a court case, attorneys are knowledgeable on both the law and the court process which has value.  Knowing what the court is going to consider relevant and the best way to present the evidence to the court is important.  If you are going to use a lawyer, it is best that he or she prepare the Petition to make sure the issue is properly framed for the court.  Please let me know if you have any questions.  Many thanks.... Read Answer

New Hampshire has a quirk in the law which limits the ability to file for divorce to residents only.  If your wife is unwilling to file, there are several avenues we can explore to address the limitation.  I would happy to discuss the issue further at your convenience.  Many thanks.... Read Answer

If you recently got a decision from the court, then you may be able to file an appeal the decision to the New Hampshire Supreme Court, but there is deadline to filing an appeal so you would need to act quickly.  If you haven't been to court on this issue for awhile and you are considering re-filing, then it is more difficult to assess whether filing is proper without reviewing the prior pleadings and decisions.  Depending on the prior decisions, you may or may not be able to re-file again.  Many thanks,  Kevin Rauseo... Read Answer

The first step would be to make a written request to the father for the payment.  If father does not pay, then you may file a Petition for Contempt.  The court has several remedies available, such as garnishing father's wages, intercepting his federal income tax refund and awarding you attorney fees and costs for his violation.  Many thanks.... Read Answer

There is an automatic restraining order applicable to every divorce filed in NH which limits spending assets.  In light of the restraining order, it is suggested that you seek your spouse's approval in writing to withdraw the funds for the tires.  If your spouse agrees, it is very important to have the approval in writing.  If your spouse agrees, then you may request the court for permission to take the funds from the joint saviings.  Many thanks, Kevin Rauseo... Read Answer

NH is an equitable jurisdiction state, which means the court divides assets based on what is fair.  There is a presumption that a 50/50 division of all assets (including assets obtained prior to the marriage) is fair.  However, the presumption may be overcome.  Please check the following blog article for more information:  http://nashualaw.blogspot.com/search?q=short+term+marriage... Read Answer

Filing for divorce may offer several protections for you.  You may request the court to issue a support order and order that your spouse's employer pay the support directly to you and bypass your spouse.  YOu may also request request the court issue a restraining order ,preventing your spouse for using marital assets for gambling.  The court issues an automatic order upon filing but you may want to request an emergency order to expedite the service and address specific accounts.  The fact that the assets are held in your spouse's name does not prevent the court from awarding a portion or the entire asset.  If your spouse has waste assets, then you may be entitled to more than 50% of the remaining assets.  It sounds for your question that times is of essence and you may consider acting swiftly.  Many thanks... Read Answer

You asked:  We planning for a non disputed mutually consent divorce from COOS county.No kids,No money or properties involved..Can we apply on our own??? I am a Michigan attorney, but may be able to give you some guidance.  Most states permit parties to file divorce actions without an attorney, and will provide the parties the necessary forms.  I would suggest that you call or visit the Court and ask if they have such forms for you to file.  Also, you could call the local Bar Association to inquire whether there is a Legal Aid or Pro Bono Legal Services, who may be able to help. Stu Shafer... Read Answer