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.
Family Law in New Hampshire
Family law encompasses a wide variety of circumstances that have to do with families. This can include such areas as divorce, paternity, child support, adoption, and similar areas. A family lawyer specializes in providing legal counsel for those going through any legal cases revolving around the family. If you are going through any of these situations it is essential to choose an experienced New Hampshire family attorney. Family attorneys are familiar with the latest laws regarding family cases so you are assured of getting the best representation possible. When faced with these types of situations most people have a lot of questions concerning how the case will proceed and what their options are moving forward. Your lawyer will help you work through the difficult issues you are facing so your concerns and stress will be relieved.
Areas of Family Law
There are many situations that require assistance from a qualified New Hampshire family attorney. It is usually best to seek counsel sooner rather than later. You’re likely to have a lot of questions, especially if this is the first such case you are dealing with. Some of the most common areas of family law include:
If you are facing any of these situations you’ll want to speak to an attorney to learn more about what to expect and how to best handle the legal issues in a positive manner. Your attorney will be there to guide you through the process and advise you as to your options.
Don’t feel as though you are alone in the situation you are going through. In today’s world, most families encounter some obstacles and unexpected events in life. Divorce is a common occurrence - as many as 43% of all marriages end in divorce. Couples who are getting married may seek a prenuptial agreement. This can help in the event of a divorce. In New Hampshire as in other states, courts prefer that couples come to an agreement as to the settlement terms of the divorce. To achieve this, the court may require couples to seek mediation. Mediation is a way to resolve differences and come to a compromise that will be agreeable to both parties.
Child Custody and Support
There are two main types of child custody including physical custody and legal custody. Physical custody refers to where the child resides while legal custody is about making vital decisions on the part of the child. These days, joint legal custody is most common. This means that both parents play a role in making decisions such as where the child will go to school, whether the child will attend church, and medical decisions. In general, the non-custodial parent will pay child support. Visitation is time spent with the children on a regular basis and is part of the court order. Parents must work together to agree on a child parenting plan. Your New Hampshire attorney will assist in resolving child custody and support issues.
Collaborative law is a process that is used to assist couples who are divorcing resolve disputes. Collaborative law has been used in some areas for almost 20 years. Attorneys are able to help divorcing parties by leading negotiations and discussions in order to come to an agreement without having to go to court. Collaborative law is used in divorces and in other family law disputes as an alternative to litigation. Collaborative law attorneys are separate from those that will represent you in court, should the matter need to be litigated.
Many divorces include alimony for one party. Alimony is money paid from one spouse to the other during or after a divorce. Alimony, also called spousal support, is either temporary or permanent. Temporary alimony is designed to allow one spouse time to prepare to re-enter the work force if he or she has not been working. Temporary alimony is usually ordered for a specific period of time. Permanent alimony is ordered for those who may be unable to work. Many factors are taken into consideration when determining alimony including such things as the length of the marriage, the ages of the spouses, the ages of the children, the education and previous work experience of the parties, and the health of each spouse. Alimony is supposed to help ensure that both people are able to live comfortably. Spousal support may be made in monthly payments or in a lump sum and typically ends if the receiving party remarries.
Many couples prefer to have a prenuptial agreement in place before they marry. A prenuptial agreement outlines how specific issues are handled in case the marriage ends in divorce. A prenuptial agreement should be handled by an experienced New Hampshire attorney. This will ensure that all the potential loopholes are properly covered. A pre-nup is particularly useful for couples who have a large accumulation of assets prior to the marriage or when they have been previously married. Another popular legal agreement is the postnuptial. A postnuptial is similar to a pre-nup except that it is created after the marriage. No matter when the agreement is made, it should be reviewed and revised if necessary to accommodate changes if they occur.
Choosing a New Hampshire Family Attorney
There are a few things to consider when choosing a New Hampshire family attorney. Consider a lawyer with experience in the area of law you are concerned with. Law practices often have several or more attorneys, each with a particular area of expertise. Opt for a lawyer with successful results. A lawyer who specializes in a particular area of law is aware of the current laws and understands the best way to approach a particular situation. Most importantly, choose an attorney that you like. Good communication is necessary throughout your case so it’s essential that you can get information quickly when needed.
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