New Hampshire Family Law Blog - Liberty Legal Services

In our blog we will try to provide you with general information regarding family law, as well as updates in important cases and statutes dealing with family law in New Hampshire. This is not to be construed as legal advice. Every case is unique and small facts can make a difference.

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Common Divorce issues

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Settlement Terms

There are many settlement terms that should be resolved in order to move forward with a divorce. The most important of these settlement terms include:

  • Child custody (legal and physical)
  • Distribution of marital property (assets)
  • Distribution of debts
  • Child visitation
  • Child support
  • Alimony

These issues must be resolved between couples when possible. If the couple is unable to agree to the terms of a divorce settlement the court will require them to seek mediation. Mediation is sometimes court ordered but you can also seek mediation prior to that. A knowledgeable New Hampshire divorce lawyer may be able to assist before it gets that far. Your lawyer can review your situation and recommend available options that will be most likely to work for your case.

Mediation

Of course, sometimes one or both parties are unwilling to compromise on some issues. When this occurs it can seriously derail your divorce, slowing it to a virtual crawl. To get it back on track, a mediator can help. A mediator isn’t going to tell you what to do but instead will help guide communication so that both parties can get to a compromise. It is important to discuss mediation with your attorney and your attorney should attend any mediation sessions. Mediation is done by a qualified person who may or may not be a lawyer so you should discuss legal options with your own lawyer before making any decisions.

Child Custody, Support, and Visitation

Issues regarding your children are of great concern to most parents and can cause disputes in the divorce process. You need to note that physical custody and legal custody are two separate issues. Legal custody determines who will make major life decisions for the child while physical custody refers to the location where the child resides. Most often (unless one parent is unsuitable) parents seek joint legal custody. In cases where the child resides primarily at one home, the non-custodial parent will usually be required to pay child support. The details of these arrangements must be detailed in a parenting plan. The plan should also include how future disputes should be handled should they occur. A parenting plan, once in place, must be followed and can only be modified with a court hearing and determination.

A New Hampshire Family Lawyer will be able to help best resolve these issues.

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