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Articles Posted in Family Law

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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:

colaborative_divorce-300x226

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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Divorce is a difficult process and the lives of those involved is often in a state of upheaval. The process only becomes more stressful when dealing with the division of property and financial assets. Unfortunately, divorce proceedings can be very lengthy. When there are significant assets involved it is essential to have an attorney that is experienced in handling divorces involving high assets.hiding-assets-300x200

While you may want to believe the best about your soon-to-be-ex-spouse, divorce often brings out the worst in people and may cause them to do something extreme—like hide assets. At Tenn And Tenn, P.A. we know what to look for and understand the difficulty of such a life changing situation. We handle all of the details of your divorce, with the utmost of discretion and care, to ensure an equitable outcome in your case.

Is a Financial Affidavit Required in New Hampshire?

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Being arrested for Driving While Intoxicated (DWI) in New Hampshire can have many steep potential penalties. Perhaps higher penalties than the accused DWI driver ever expected. Like any criminal charge, the penalties will speak to the severity of the situation, a regular DWI charge will, of course, be a lesser charge than an Aggravated DWI especially if one or more children under the age of 16 are present in the vehicle when arrested. If you also have the unfortunate circumstance to be going through a custody battle at the time of your arrest your chances at obtaining custody may diminish.DWI-with-child-300x150

Aggravated DWI in New Hampshire

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