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New Hampshire Family Law Blog

What to expect in a New Hampshire court when litigating custody

As one of many New Hampshire parents who have already filed for divorce this year, you may currently have a few concerns regarding what actual proceedings will be like in court. If you had hoped to avoid a courtroom altogether but soon determined that would not be possible, you may be wondering what to expect in litigation and how best to prepare yourself. As a good parent, you undoubtedly want what is best for your children. In this state, the court generally believes this includes a shared parenting arrangement.

Understanding the court's perspective before heading to proceedings may help you keep stress levels to a minimum as you navigate the system. It's also a good idea to familiarize yourself with various legal terms regarding child custody and other issues that New Hampshire uses, which may vary in other states. In short, if you know your rights ahead of time and arm yourself with as much information and support as possible, you stand a good chance of achieving a fair and agreeable settlement.

Family law: Couple disagree over embryo custody

When people in New Hampshire choose to end their marriage, there are several decisions that must be made. In some cases where couples have utilized in vitro fertilization, what happens to frozen embryos is often a complicated aspect of family law. Many couples have an agreement in place when they create the embryos, but several cases have found their way to court.

One out-of-state couple agreed when they went through the process that the courts would decide the fate of the embryos should their marriage end in divorce. Reports indicate that the couple married in 2002 and had three children together using IVF. However, when they decided to divorce in 2014, they still had six frozen embryos remaining. The husband did not want any other children while the wife claimed that the embryos were the only way to achieve the larger family she desires.

Actress Morena Baccarin, ex-husband settle child custody dispute

When parents in New Hampshire end their romantic relationship, it is sometimes difficult for them to agree on what is in their child's best interest. Negotiations regarding a divorce and child custody can be even more difficult when the couple is in the public spotlight. Fortunately, actress Morena Baccarin and her ex-husband were recently able to come to an agreement regarding the custody of their son.

The couple married in Nov. 2011 but separated in June 2015. While the parents were granted joint custody in 2015, it was determined that the child would with spend most of his time with Baccarin. In fact, she and the boy moved across the country where her show was being filmed.

Did money disappear from your account after filing for divorce?

Hopefully, you have a strong support network in place as you navigate divorce proceedings. You are likely not the first person who has filed for divorce in a New Hampshire court this month, nor will you be the last. However, no two situations are exactly the same, so the challenges you face will be different than another person's. The trick is to get through it all with the least amount of stress possible.

Sometimes, that's easier said than done, especially if you suspect your spouse is squirreling away money. Hiding marital assets is a major problem with which many divorcing New Hampshire residents contend. If you learn how to recognize the signs of possible trouble ahead of time and know where to turn for help in such situations, you may be able to rectify the problem before it gets out of hand.

Preparing for a New Hampshire divorce

During the holidays, many families in New Hampshire, even if the marriage is struggling, often have great expectations. They may believe that time spent together will create lasting memories and bring the family closer together. However, this is not always the case. In fact, some statistics seem to indicate that divorce filings peak in the months following the holiday season. For those considering such an option, there are some tasks that people can undertake to ease the process as they consider such a path to help.

First, gathering all necessary financial information will be beneficial. This can include pay stubs from the end of the year to help an attorney get a full picture of financial issues to help with child and spousal support agreements. Having bank statements, the prior year's tax returns and credit card bills, as well as credit scores, can also ease the process.

Woman makes dementia claim following husband's divorce petition

The decision to end a marriage is never an easy one to make. Even though people struggle with whether to seek a divorce, the events that follow the decision can vary greatly for couples in New Hampshire and across the country. Unfortunately, a couple in another state appears to be set for contentious proceedings.

The case involves a 71-year-old man and his 59-year-old wife who have been married for four years. The man reportedly served as Clerk of Court for his community before helping his now-estranged wife win an election for the same position. However, the husband filed for divorce in March.

New tax law could impact divorce in New Hampshire

The media has been buzzing with the recent legislative attempts to pass a sweeping tax plan. Now that it has passed, many people in New Hampshire and across the country are considering how the changes will impact them. It could have a significant impact on couples who are seeking divorce, as it changes how spousal support is taxed.

Spousal support is money paid by someone to a ex-spouse who earns less money. While there are many factors that go into calculations of such payments, those who pay spousal support receive a tax deduction on the amount paid. Instead, the person receiving the payment pays the tax. Because the receiver typically makes less money, he or she is often in a lower income bracket, making the amount of taxes paid less.

Tax issues to consider when in divorce settlement negotiations

Like other New Hampshire residents involved in a divorce, you may struggle to keep track of all the issues that you need to address. Some of those issues include property division, child custody and support. As you work through these issues, there is another aspect to each that you may want to consider -- taxes.

Many people fail to consider the tax issues involved in their divorces unless it happens to be close to tax time. When it does come time to prepare their tax returns, they could discover that they should have discussed the issue when they negotiated their divorce settlements. With a little planning and some additional advice, you could deal with how taxes will affect your decisions in order to avoid paying the price later.

New Hampshire attorneys committed to your child custody needs

Fairy tales would have us believe that all couples get married and live happily ever after. Unfortunately, reality often looks a little different. Children in New Hampshire are often born to parents who never intended to be in a long-term relationship, or serious relationships crumble after children are born. Both scenarios can leave parents struggling to agree upon a child custody arrangement.

While state law gives fathers and mothers equal rights regarding a parenting schedule, some fathers may feel that there is a bias against them. As a result, they often want an attorney on their side, committed to preserving a father's relationship with his children. Fortunately, the attorneys at Clark Law PLLC are committed to ensuring the fair treatment of fathers in issues of family law. In fact, one of our attorneys served in the New Hampshire House of Representatives and was the sole sponsor of a bill advocating for equal rights for fathers in the case of a contested custody battle, in a time when such ideas were not popular.

Rules for Social Security payments after divorce

In a marriage, one spouse often makes less than the other. In some cases, this is the result of a deliberate decision while in others it may be simply a matter of career choices. Regardless of the reason, a person may need his or her spouse's Social Security payments to make ends meet after retirement. The decision to divorce could have some people in New Hampshire questioning how they will pay their bills.

Fortunately, a divorced spouse may still be able to collect spousal benefits even after the divorce. There are several factors that could impact this. First, the length of the marriage matters; the couple must have been married for 10 years. Additionally, the spouse with the lower income must remain unmarried. However, even if he or she does remarry, spousal benefits may be applicable if the second marriage ends, either due to divorce or death.