Legal Information

DIVORCE                            BANKRUPTCY                           CRIMINAL

Divorce
A divorce may be granted by the Court even if one spouse opposes the divorce.

Domestic Violence
Domestic violence may include:  Physical injury and rape, as well as threats of violence and harassment either in person or by phone.

Victims of domestic violence, in certain circumstances, may be able to obtain a restraining order the same day to prevent the attacker from further threats of harassment.

Child Custody
Effective October 1, 2005, each parent must propose a parenting plan.  The term "custody" is not favored, but custodial time for each parent is proposed.  The custody of the children at the time of the divorce is determined based on what is in the best interests of the child.

The law is gender-neutral in regard to the custody of the child.  However, the Court will consider who has been the primary care giver of the child(ren).

Once a child custody decision is rendered at the time of divorce it is very difficult to change.  A change in custody may be issued if the child is being harmed in the present, and sometimes, if a "mature minor state an opinion with 'proper influences'".

Legal custody and physical custody are separate issues in a divorce.

Legal custody concerns the legal rights to decision-making and authority over the child.

Physical custody concerns which parent the child will live with. However, it is possible to obtain shared physical custody depending on the situation.

A Guardian Ad Litem (GAL) is sometimes appointed to determine what is in the best interests of the child(ren) and their well-being.

Child Support
Child support orders may be modified every three (3) years or sooner if there is a substantial change in circumstances.

Child support amounts, at the time of divorce, are determined using a state formula or guidelines. Any deviation from the guidelines must be justified and approved by the Court.

Child support guidelines, established by the State, are generally used in all cases, whether the parents are married or not.

Collaborative Law
Collaborative Law is a new form of alternate dispute resolution that offers divorcing parties the opportunity to reach an agreement without hurtful litigation.  It is a method of resolving divorce issues with the participation of a lawyer for each party.  By contract, both parties and both lawyers agree not to litigate.  If negotiations break down, the lawyers are disqualified from representing their clients in litigation.  The lawyers work cooperatively to structure the process and facilitate settlement.

Bankruptcy 
Certain assets may be exempt from the trustees possession or, in essence, shielded from liquidation in a bankruptcy. The bankruptcy filer does not need to lose everything.

In New Hampshire, certain IRA's, pensions, Keogh and other selected retirement plans may be protected in the estate and retained by the bankruptcy filer.

Bankruptcy can wipe out many types of dept, but not certain types of debt.

Once a bankruptcy petition is filed, an ''automatic stay'' is activated which prevents creditors from taking any further action against you without the Court's permission.

Criminal Defense
 In New Hampshire, the penalties for crimes, include:

VIOLATION can be assessed a fine up to or equal to $1,000.

MISDEMEANOR
CLASS A - up to one year in jail, up to two years probation, and/or fine up to or equal to $2,000.

CLASS B - Fine up to $1,200 or probation.

FELONIES
CLASS A - Up to 15 years in jail, up to five years probation or a fine up to or equal to $4,000.

Class B - Up to seven years in jail, up to five years probation and a fine up to or equal to $4,000.