Articles Tagged with nh divorce

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If you are involved in a New Hampshire divorce or child custody matter, you may want to protect your Facebook and other social networking sites. A 2010 survey by the American Academy of Matrimonial Lawyers (AAML) found that four out of five lawyers reported an increasing number of divorce cases citing evidence taken from social networking sites, with Facebook being the leader. According to the AAML, an overwhelming 81% of the nation’s top divorce attorneys say they have seen an increase in the number of cases using social networking evidence over the past five years.

Is your information really private?facebook-privacy

Although you may believe access to your social networking posts is limited to your friends, those friends may not have the same level of protection, leaving the private aspects of your life open to scrutiny. Where you go, what you do and who you are with may all be used against you by your estranged spouse to gain an advantage in your NH Divorce. Photographs and posts from social networking sites, including those posted by friends on their own pages, may become evidence in your New Hampshire divorce or child custody proceedings. Marlene Eskind Moses, president of the AAML, notes that the openness and sharing of social networking sites left their users’ public and private lives more exposed. The World Wide Web offers many wonderful opportunities but may also present pit-falls in your future legal needs.

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When a divorcing couple cannot agree on an important issue, the spouses may believe their only option is to go to court. New Hampshire’s family law courts, however, provide several alternatives that can help spouses solve their dispute without having to appear before a judge. One option that works for many couples is to enlist the help of a trained Neutral Evaluator.

Neutral Evaluators are attorneys who have received training from the New Hampshire courts that prepares them to examine a couple’s dispute objectively and help each side understand the argument and work through it. Unlike each spouse’s own attorney, who works only on behalf of his or her client, the Neutral Evaluator is not on the “side” of either party. Rather, a Neutral Evaluator volunteers his or her time to help the parties resolve as many of their disputes as possible without having to go to court.

Going through the Neutral Evaluator Program also differs from mediation, another non-courtroom option for divorcing couples. Both a mediator and a Neutral Evaluator attempt to help the parties resolve their problems without taking sides. However, a Neutral Evaluator is allowed to give an opinion on whether each party will succeed in court, while a mediator may not give such an opinion. Also, the spouses are allowed to disregard the opinion of the Neutral Evaluator, while agreements reached in mediation are often binding.

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One of the most important steps during any divorce proceedings is deciding who will receive what. In order to decide how to split up a couple’s property, New Hampshire courts use an “equitable distribution” rule. In equitable distribution, the court does not merely split the property equally; instead, the court attempts to determine what division of property is most fair to both parties.

When deciding how to divide a divorcing couple’s property, a New Hampshire court considers the following factors:

  • How long the couple has been married.