Family Law

Alimony Changes for 2019

The New Hampshire Legislature has enacted changes in the New Hampshire alimony law, effective January 1, 2019, that will be far reaching and important.  The change is made necessary by the change in the federal law that takes alimony out from the status of being a deductible expense for the payor and makes payment of

I have to admit that I’m getting sold on mediation for divorce cases. That’s a good thing because it is increasingly a part of the divorce process in New Hampshire. Early on I figured that the same broken dynamics which governed the spouses’ failed relationship would play itself out in mediation. It was always an

Yes, we have alimony in New Hampshire. The law is RSA 458:19 (http://www.gencourt.state.nh.us/rsa/html/XLIII/458/458-19.htm). The Legislature has tinkered with the law over time, but for more than 20 years, the concept has been pretty consistent. If one spouse has the ability to earn enough income to meet his or her reasonable needs, and the other does

There is a new step early on in the New Hampshire divorce process.  Family Division Rule 1.25-A now requires that each party disclose a wide variety of financial documentation within 45 days after the papers are served or 10 days before a small temporary hearing. See link at www.courts.state.nh.us/rules/family/fam-1.htm#1.25-A.  This disclosure is a lot of

As of an August 21, 2013 decision, a postnuptial agreement between spouses on the disposition of their property in the event of divorce or death may be enforceable.  The N.H. Supreme Court reasoned that, while our divorce statutes are designed to ensure a fair outcome regarding property distribution, there is no reason why those statutes

Long ago our divorce courts had the power to make orders and approve agreements regarding the children’s college expenses. Frankly, that never seemed quite right to me. In an intact family there isn’t a legal obligation to pay for college. Although usually there is no more worthy nor profitable investment than in a child’s future,

There is a recent phenomenon in the Family Law Courts in New Hampshire that can be described politely as gridlock.  There is no secret that the state’s resources for keeping the courts operating have been dwindling with the poor performance of the economy and accompanying decrease in state revenue.  People are not getting access to

Divorce

WHAT IS A DIVORCE? Our laws give our courts the power to terminate a marriage on “fault” or “no-fault” grounds.  A fault divorce is based on proof that the marriage was caused to break down because of certain forms of misconduct, including: extreme cruelty, adultery, conduct endangering reason.  In a no-fault divorce, the divorce is

Use of Information

One of my favorite quotes of the past ten years is by the author Philip Caputo who wrote “we drink greedily from the salt water of information while our throats are parched for droplets of wisdom.”  So it seems that our world edges ever closer to the inevitable conclusion that all of the information we

Family Law – Know What to Expect

The new year begins with a commentary on family law.  Specifically, on parental rights and responsibilities.  Too often, parties look at children, or time with their children as a commodity to be bargained for.  In October, 2005, the Parental Rights and Responsibilities Act, RSA 461-A, was enacted into law.  This act drastically changed the way