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New Hampshire Family Law Blog

Divorce does not have to be litigious

Many New Hampshire residents, you included, want to get through divorce as unscathed as possible. If you have children, you may feel particularly compelled to get through the process as quickly and with as little conflict as possible. Fortunately, certain divorce methods may help you achieve this goal.

Both mediation and collaborative divorce are alternative dispute resolution methods that could help you and your spouse avoid litigation. These methods differ in how they reach results, but either could help interested parties come to conclusions without having to spend time arguing in court. Of course, in order for either method to be effective, you and your spouse need to feel willing to work together and negotiate.

Will hidden assets affect your post-divorce future?

As New Hampshire readers know, divorce is often a particularly contentious process for wealthy couples and those with valuable assets. A high asset divorce can be complex, especially when the two parties are unable or unwilling to work together on a reasonable financial settlement. In some cases, one spouse may actually attempt to hide assets from the other.

Hidden assets can affect your financial future well after your divorce is over. If you suspect your spouse is attempting to hide assets in order to keep a larger share of marital assets, you can take steps to protect your interests. You are entitled to an equitable share of marital assets, and you can fight to get the full amount you deserve. 

What's different about a military divorce?

Divorce is a complex process, and it can be particularly complex for military couples. While military divorces work in the same way as civilian divorces, there are certain unique and potentially challenging factors these couples will have to address. If you or your spouse are in the military and you are facing divorce, it can be beneficial for you to work to learn more about the process ahead.

Some of the challenges that New Hampshire couples deal with when facing a military divorce include how custody will work, what will happen to military pension benefits and more. Due to the complex and sensitive nature of these issues, you may find it beneficial to have help and guidance from the very beginning of this process. You do not have to walk through it alone.

Unmarried fathers: what are your rights regarding your children?

Family law and custody issues often affect married or soon-to-be-divorced couples, but that is not always the case. Custody and visitation rights are important issues for many unmarried New Hampshire couples. If you are an unmarried father and have concerns about your rights and interests as a parent, you would be wise to take action to seek an immediate resolution to your case.

Simply because you were not married to the mother of your children does not mean you do not have the right to play an active role in the lives of your kids. In fact, there is significant evidence that children benefit when allowed contact with their fathers. You may need to seek legal help in order to protect your vital role as a father and preserve or secure time with your children. 

How will legal custody impact your relationship with your child?

New Hampshire parents understand the importance of protecting their relationship with their children after divorce. Children thrive when allowed to maintain a strong relationship with both parents after their marriage is over, but this is not always an easy goal to accomplish. It is easier, however, with a strong and thoughtful parenting plan in place.

Any sustainable parenting plan should address the two main types of custody: legal custody and physical custody. It is prudent to be very clear about the rights and roles of both parents as this will go a long way to helping you avoid issues and complications. As a parent, you will find it beneficial to know about legal custody and what it means for you.

Not ready to divorce? A legal separation could be an option.

For some New Hampshire couples, the marriage may be over, but there are various reasons why it is impossible to move forward with divorce. This does not mean these two parties have to continue living under the same roof, however. If you and your spouse no longer want to live together yet divorce is not an option, you may consider the benefits of a legal separation.

Legal separation involves much more than just moving to separate residences. It is important to put certain legal protections in place in order to reduce the chance of issues and complications. If you are ready to separate, you may find it helpful to learn more about legal separation before you move forward with this decision.

Fighting over money? You could be on your way to divorce

You already know that it is not any fun to fight with your spouse about money, but did you know that tension could lead to divorce? This might come as no surprise if you already engage in ongoing arguments over finances.

Couples in New Hampshire and across the rest of the United States cite money issues so frequently in their divorce filings that they are now the third most common factor. Incompatibility as a couple and infidelity are the first and second listed causes, respectively.

When do grandparents have custody and visitation rights?

What will happen to the children is one of the most contested and contentious issues of any divorce. New Hampshire readers know that it can be difficult reach a reasonable conclusion to custody and visitation matters, but it can be even more complex when there are disputes over how much involvement grandparents can have. In some cases, grandparents could have a rightful claim to visitation and custody. 

If you are a grandparent and believe you should protect your right to maintain a strong and active role in the life of your child, you may find it helpful to seek legal guidance. You may be able to petition the court and secure the right to have an active role in the life of your grandchild. The ultimate goal of any custody or visitation determination is the best interests of the kids.

Do I have to have permission to move with my child after divorce?

New Hampshire parents are rightfully concerned with the well-being and stability of their children after a divorce is final. The changes brought about at the end of a marriage can significantly impact the youngest members of the family, and parents understandably want to minimize disruption in their lives.

As part of your post-divorce life, you may find that it is in your best interests to move, perhaps for a job or to be near family. You may believe that relocation is in the best interests of your child, but no matter the reason for the proposed move, it is not always easy to do this if your custody or visitation order is already final. 

Should you opt for a collaborative divorce?

Ending a marriage is a complex process, and it can be emotionally challenging to effectively address important issues such as child custody, property division and more. If you are facing the prospect of divorce yet wonder if there could be a more peaceful way to walk through the process, collaborative divorce could be the right option for you.

A collaborative divorce has many benefits, but it is not necessarily the right choice for every divorcing couple in New Hampshire. Before you make any important decisions or move ahead with choices that could impact your future, you may find it beneficial to consider the benefits of the collaborative process for divorce.