Divorce Is One Of Life’s Biggest Challenges
Divorce is one of the most difficult things an individual – and a family – can go through. However, you do not need to go through it alone. At Clark Law PLLC in Manchester, New Hampshire, we have helped many people through marriage dissolution using a variety of methods:
- Collaborative law: The collaborative divorce process involves a series of four-way conferences with each spouse and his or her legal representative. The goal of these sessions is to come to an agreement about matters of alimony, parenting time, property division and all other issues needed to finalize your divorce or other family law matter.
- Traditional contested divorce litigation: In high-conflict situations or when you and your spouse cannot agree to the terms of a divorce, it may be appropriate to take the matter to court. We can answer your questions and advise you on court procedures, how to obtain documentation and information needed for your case, and how long the process could last.
- Divorce mediation: Whenever possible, resolving a divorce out of court can help couples save time, money and stress. At Clark Law PLLC, we offer family law attorneys who have been trained as family law mediators, and we frequently represent individuals who are going through mediation and need their own counsel to review agreements.
- Uncontested divorce: For many couples, an uncontested divorce can be a less stressful and more cost-effective option. An uncontested divorce occurs when both parties agree on all major issues such as property division, child custody, and support arrangements without the need for prolonged legal disputes.
- Alimony: When a marriage ends, financial security becomes a serious concern. We will work hard to ensure that spousal support arrangements are fair, realistic and truly reflective of your unique circumstances and needs.
- Debt division: Dividing debt can be just as complicated as dividing assets. We will help you understand who is responsible for what. We will work to protect you from shouldering an unfair financial burden in the future.
- Legal separation: Sometimes couples need space and clear legal boundaries without fully dissolving a marriage. We will help you establish a legally sound separation agreement that protects both your rights and your future.
- Military divorce: Military families face distinct legal challenges, including special rules around benefits, pensions and deployment. We understand the federal and state laws that directly apply to service members and their spouses.
- Property division: New Hampshire law presumes a 50/50 division of assets as the starting point for an equitable distribution. We will analyze all assets and advocate for adjustments based on the statutory factors, including your contributions to the marriage.
- Divorce for business owners: A business represents years of hard work and protecting it during a divorce requires careful legal strategy. We will work to accurately value business assets and shield your professional legacy from unnecessary disruption.
- Qualified retirement plans and pensions: Retirement accounts are often among the largest marital assets at stake. We will handle the complex process of dividing these accounts properly. This includes drafting Qualified Domestic Relations Orders (QDROs) to protect your financial future.
- Divorce for professionals: Doctors, attorneys and other professionals often carry complex income structures and deferred compensation. We understand how to assess these unique financial situations. We will pursue an outcome that reflects your true financial picture.
- LGBTQ+ divorce: Every couple deserves to be treated with dignity and respect throughout the divorce process. We are committed to providing compassionate, knowledgeable legal support to LGBTQ+ individuals and couples at every stage.
No matter how you choose to proceed with your divorce, when you retain Clark Law PLLC, we are there for you. Our attorneys are experienced negotiators and aggressive litigators, prepared to advocate for you. Contact us at 603-473-4338 for a free consultation.
We Provide Full-Service Divorce Representation
Not every household fits in one box. When it comes to divorce, the individual circumstances matter. Financial matters involve a wide range of topics. Households with one or both spouses with professional-related occupations may have unique differences than those divorcing couples with business interests. Our lawyers have experience litigating, negotiating and and mediating disputes across the spectrum of issue that may arise. For servicemembers and their spouses, we provide strength in resolving those issues unique to a military divorce.
How retirement accounts, pensions, or deferred compensation packages are addressed requires a lawyer with the experience and attention to detail to address the nuances of these issues. Alimony considerations may differ from child support disputes.
Across the spectrum of property division, debt division, support, child custody and the unique issues that may arise in your individual circumstances, our legal team has the experience and knowledge of New Hampshire family division and divorce law to help you to safeguard your rights.
General Information/FAQ
What is the appropriate court to file? And what is the Family Division?
The appropriate court for filing for family law related matters is determined by the county in which one of the parties resides.
The State of New Hampshire has set up special Family Division Courts for family law-related matters throughout each county. The Family Division model assigns cases, based upon which town you live in, to district courts for hearings.
I just moved to New Hampshire, can I file for divorce?
There is a minimum residency requirement to file for divorce in New Hampshire. If you do not think your spouse will file for divorce in your former state of residency, or your spouse has also moved to another state, please contact Clark Law PLLC at 603-473-4338 to discuss where and when you can file.
I have a final divorce decree or support order from another state, can I enforce the Order or modify the terms of the Order in New Hampshire?
There are occasions when registering a foreign decree with the State of New Hampshire is appropriate. If a foreign decree is registered in New Hampshire, modification or enforcement may be possible. Please contact our family law attorneys at 603-473-4338 to discuss your specific circumstances.
How many hearings will I have to attend?
The number of hearings in any case varies based on the issues involved. In general, there is a First Appearance (in Family Division cases if a child is involved) followed by a Temporary Hearing and Scheduling Conference, then a Pretrial Conference and a Final Hearing. If any motions are filed, such as for Contempt or to compel discovery, additional hearings may be scheduled by the court. If there are parenting issues and a Guardian ad Litem is appointed, the court will schedule a Status Conference usually after the Temporary Hearing but before a Pretrial Conference. Call Clark Law PLLC at 603-473-4338 today to discuss your specific situation.
What is the First Appearance? And do I have to attend?
When is alimony appropriate?
In general, there is a two-prong test to determine whether alimony may or may not be appropriate. The party seeking alimony has to show that there is a need for alimony and the party from whom alimony is sought has to have an ability to pay. In general, alimony is to be “rehabilitative” in nature and is rarely awarded for an extended or permanent basis without good cause. There may be other considerations that need to be analyzed when discussing alimony. Call Clark Law PLLC at 603-473-4338 today to discuss your specific situation.
I represented myself and the Court Order is not favorable for me, is it too late to get an attorney?
You have 10 days from the issuance of a court order to request reconsideration or clarification. If it is a Final Order, you have 30 days to file an appeal. It is always a good idea to get some legal advice before the deadlines to protect your interests. The ability of an attorney to make a difference after an order is issued is limited. Clark Law PLLC encourages individuals to obtain legal advice to ask what your rights, options, and consequences may be before a hearing is held. Call us at 603-473-4338 today.
When is Modification appropriate?
In general, modification can be sought for child support and other financial orders such as medical coverage, tax exemptions, and uninsured expenses for children. Modification of child support can occur every three years, or earlier upon showing a substantial change in circumstances such as increase or decrease in income, loss of job, illness, or change in financial needs of ex-spouse or child.
Modification of alimony may also be appropriate under certain change of circumstances and/or upon the remarriage or cohabitation, if specified in your prior orders. There is a limited time for modification to obtain and/or extend orders regarding alimony.
There is also a statutory basis for the modification of parenting orders.
Final property division is not modifiable in most circumstances; however, it may be worth getting a professional opinion before foregoing modification.
For modification on any family law related matter, call Clark Law PLLC today at 603-473-4338.
My spouse and I have agreed to a divorce, should I move out?
It depends. If you move out, will your spouse be able to afford the house without your financial support? If not, would you be able to afford your own housing plus contribute to the house, or pay spousal support, if ordered by the court? If you move out, will you be staying in the same town as your spouse and children? If not, will you be risking a shared parenting arrangement due to the lack of proximity to the other parent? Please contact our family law attorneys at 603-473-4338 before making such a significant decision. Of course if there are issues of domestic violence, get legal advice as soon as possible but do not risk your life or the lives or your children if it’s a volatile situation.
I don’t want a divorce; can I refuse to allow it?
When Should I Seek A Divorce Attorney For Advice?
It is best to consult a qualified family law attorney before you file a petition for divorce. Once you have filed, you are on the court’s schedule and it can be difficult to fully explore and understand your options for resolving your concerns. The sooner you contact the experienced divorce lawyers of Clark Law PLLC for a free consultation, the sooner we can advise you of your rights and help you protect them. Don’t forget, setting up new estate planning goals for yourself and your family is an important part of starting a new life after divorce. See us about your post-divorce estate planning needs.
Serving Manchester And The Surrounding Areas
Before making any decisions that could lead to costly mistakes, contact the family law attorneys at Clark Law PLLC to obtain important legal advice. We offer a free initial consultation by phone or at our office. Call us now at 603-473-4338 or send us an email for more information.
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