Articles Posted in Family Law

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Tenn-teen-drinking-300x250Getting a phone call from the police that your teenager has been arrested for driving while intoxicated (DWI) is among the worst any parent can receive. New Hampshire penalties for underage DWI are harsh, and a DWI conviction on a teenager’s record can have long-lasting consequences that can follow them for a long time.

If you are a concerned parent in this situation, here is how you can help your child through the next steps of the legal process:

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Tenn-adoption-divorce-300x211Going through an adoption process is both a joyous and emotionally taxing journey. It can take a long time for an adoption to go through, and some couples may decide to divorce before the adoption is finalized. Does the adoption process end when the couple separates? How does custody work in this situation?

How the Courts Handle a Divorce During an Adoption

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Divorce is one of the most stressful experiences a couple or a family can have. But while getting through it can be a challenge, it’s important to remember why you made this decision. After all, there can be benefits to divorcing someone you didn’t like all that much anymore.

Better Mental and Physical HealthTenn-happy-after-divorce-278x300

Being in a toxic environment is never good for your mental or physical health. Divorce can give you the time and space to take care of yourself, join a gym, and find a therapist. You’ll also sleep better after ending the conflict and getting healthier inside and out. Leaving all that baggage behind can be freeing.

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The coronavirus pandemic has created numerous tense child-rearing issues between divorced parents. With the Covid-19 vaccine now available to children age 12 and up, there’s new potential for conflict. Polls show that American parents are torn as to whether to give their kids the vaccine, and there’s no doubt that some divorced parents fiercely disagree as to the right approach. When both sides maintain that their stance is the best path to keeping kids healthy and safe, who gets to decide?

Who has legal custody?Tenn-vaccination-300x173

When parents divorce, they must come to an agreement about who has physical and legal custody of their children. Physical custody refers to where and with whom the children primarily live. Legal custody refers to parents having authority to make decisions for their children regarding major issues such as religious upbringing, education, and medical matters. Parents often have shared legal custody, which means that both parents have equal decision-making responsibility for their children. However, sometimes a parent may have sole legal custody and exclusive authority to make important decisions for the child, including whether to vaccinate them.

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As common as divorce is among younger people, divorces among older couples have also become more prevalent in recent years. According to the Pew Research Center, divorce rates among couples over age 50 have doubled since the 1990s. For those aged 65 and up, the rates have tripled. Some refer to this phenomenon as “late-life divorce” or “grey divorce.”

Divorce can be difficult at any age, but when it happens in later life, it comes with some unique challenges that are different from those experienced by younger couples. Let’s discuss some of these challenges and how you might address them.

Complications in Dividing AssetsTenn-elderly-253x300

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When you and your ex-spouse divorced years ago, you had to create a parenting plan to deal with the details of raising your children together but as separate people. The parenting plan detailed the rights and responsibilities of each parent and addressed things such as:

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Parents share child.

  • Which parent had decision-making and residential responsibility;
  • The legal address for the children attending school;
  • A custody schedule that included holidays, weekends, birthdays, and vacations;
  • A protocol for exchanging the children from one parent to the other;
  • A procedure for reviewing and adjusting the plan; and
  • A method for resolving future disputes.

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Dividing a business in a divorce can be a tremendous task emotionally and practically. There does not exist a specific method to come to the true value of the business, but it is necessary that the truest value is identified because – if not – problems can arise later and one spouse may find him or her suing the other spouse for fraud or another similar criminal activity. Knowing how to obtain the true value of a business during a divorce is the first step of the process.business-valuations-divorce-asset-division_20200323-212154_1-300x200

How is the true value of a business determined in New Hampshire?

For division purposes due to a divorce, there are three different methods that can be used to derive at a pretty accurate value of your business:

  • the asset approach;
  • the market approach; and
  • the income approach.

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In New Hampshire, the law and the courts expect parents to make decisions that are always in the best interests of their children, regardless of what the parents may think of one another. If you’re divorcing and have children here in the Granite State, you and your ex will be expected to come up with a parenting plan that will address many aspects, including but not limited to the following:co-parenting-300x179

In this blog we will cover each of these topics, but you should contact a trusted and experienced family attorney to learn about the other details of a parenting plan you will need to address.

Benefits of Co-Parenting in New Hampshire

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In New Hampshire, child support orders can be modified to reduce or increase child support payments. There are two different situations when the parties subject to a child support order can request a modification. First, every three years the parties will automatically receive a notice informing them that they have the right at that time to request an adjustment. Second, you can request a modification when there is a substantial change in circumstances that makes the original order unfair.childsupport74-300x200

How Do I Show a Substantial Change in Circumstances?

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Divorce is a particularly confusing and difficult time for all families and parties involved. It can be even more confusing when plans, especially future financial plans, now have to be agreed upon and settled in court. For example, you are not thinking about the repercussions of divorce when you are planning and saving for your child to go to college. What does divorce law in New Hampshire say about assisting your spouse (and adult children) with college expenses after you are no longer married to the other parent? planning-for-college-expenses-after-divorce-300x119

Does New Hampshire Law Order a Parent to Pay for a Child’s College Expenses?

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