Divorce is painful. In some instances, parties who wish to remain together find the peace and resolution they are seeking through a legal separation or postnuptial agreement. These legal constructs enable a marriage to continue while providing certainty by defining the rights and entitlements of each party. Legal separation is an option when spouses are...
For individuals with substantial family wealth, gifts or inheritances, protection of wealth in divorce is a significant concern. In New Hampshire, the division of marital property is governed by RSA 458:16-a. Marital property is defined broadly. Courts are directed to divide marital property “equitably” in a divorce. The statute presumes that equal is equitable, but...
Few people want strangers or acquaintances to know the details of their divorce, especially details relating to the demise of their marriage, sensitive financial matters, business matters or parenting. Some information in a court’s file, like financial affidavits and qualified domestic relations orders, are automatically protected from disclosure. However, absent special circumstances, most documents in...
While most people have divorced friends or family members, few fully understand the process or available options to resolve a divorce. Viewing the options as a continuum from most cooperative and cost-efficient to most contentious and expensive, the options include: direct negotiation, mediation with two unrepresented parties, collaborative law, mediation with the assistance of lawyers,...
The collaborative process resolves disputes through a short series of creative, good faith, non-adversarial negotiation sessions. Collaborative attorneys receive significant and ongoing training in a special set of negotiation skills, including the ability to foster positive, respectful, and cooperative communications during collaborative negotiation sessions. The attorneys work with their clients and each other to ensure...
In New Hampshire, the overwhelming majority of cases are resolved without a final hearing or trial. Most cases are resolved, in whole or in part, through mediation. In recognition of the effectiveness of mediation, New Hampshire law requires all parents of minor children, absent unusual circumstances, to attend mediation. Parents of minor children are also...