Clark Law PLLCClark Law PLLC2026-10-22T13:08:40Zhttps://www.cindyclarklaw.com/feed/atom/WordPress/wp-content/uploads/sites/1200384/2019/12/cropped-favicon-min-32x32.jpgOn Behalf of Clark Law PLLC<![CDATA[How collaborative divorce can help protect children from conflict]]>https://www.cindyclarklaw.com/?p=511902026-10-08T03:33:28Z2026-10-08T03:33:28ZDivorce is often difficult for everyone involved. However, children often feel the effects of parental conflict more deeply.
Even when both spouses agree that separating is the right decision, disagreements about parenting time, child support, property division and other issues can turn a divorce into an ongoing source of tension. For some parents, collaborative divorce may provide a way to resolve these issues while keeping the focus on what matters the most: their children's well-being.
What is collaborative divorce?
A collaborative divorce allows spouses to work with their attorneys to find solutions to common problems such as:
Parenting schedules and responsibilities
Child support
Division of assets and debts
Spousal support
Decision-making for the children
In addition to their attorneys, a collaborative divorce often includes other professionals such as financial advisors, a child psychologist or a divorce coach, depending on the family's needs. Rather than having a judge decide everything, the collaborative process provides a structured environment where spouses can address disagreements and work toward mutually acceptable solutions.Ongoing conflict in the home can cause children to feel stress and anxiety. They may feel caught between parents and worry about where they will live, whether they will see both parents regularly or whether they are somehow responsible for the divorce. While a collaborative divorce can't eliminate all the stress associated with divorce, it can give parents a framework for resolving differences without turning every dispute into a courtroom battle. One potential advantage of collaborative divorce is that it encourages parents to focus on the family's needs rather than trying to "win" a dispute. They can work with the collaborative professionals to create solutions designed specifically for their family's circumstances. Collaborative divorce can also help parents learn to co-parent effectively. It encourages parents to develop communication and problem-solving skills that may continue to benefit their family after the divorce is finalized.Collaborative divorce isn't for everyone. If there is a significant power imbalance, domestic violence or another circumstance that makes cooperative negotiations inappropriate or unsafe, parents may need to try a different approach.If you are considering divorce, speak with a legal professional who can help you determine whethercollaborative divorce or another approach fits your family.]]>On Behalf of Clark Law PLLC<![CDATA[What happens to an equally owned business in a divorce?]]>https://www.cindyclarklaw.com/?p=511852026-10-07T07:58:55Z2026-10-07T07:58:55ZOn paper, an equal 50% business partnership with your spouse looks uncomplicated. It may seem that each person should simply walk away with half of its value after a divorce. But dividing a business is hardly that simple. The company may provide one spouse's primary income, rely on the other spouse's work behind the scenes or represent years of investment by both.
In New Hampshire, an equal ownership interest does not necessarily determine how the business will factor into the overall property division. The court may review the overall financial picture of the marriage and each spouse’s property.
How does New Hampshire divide a jointly owned business?
For property division purposes, New Hampshire may consider assets held by either spouse, including physical and nonphysical property. A business interest may therefore become part of the property subject to division in a divorce.The court may consider factors such as the length of the marriage, each spouse's financial and nonfinancial contributions, income, separate property and the growth or decline in the value of the business. A business that one spouse owned before marriage may also require a different analysis than one the couple built during the marriage.
What could happen to the business?
An equal ownership interest does not necessarily mean the spouses must sell the company or split its physical assets. Depending on the circumstances, several outcomes may be possible:
One spouse keeps the business: One spouse may retain the company while compensating the other for an appropriate share of its value.
The spouses sell the business: A sale may provide a way to divide the proceeds when neither spouse can reasonably retain the company.
The spouses continue as owners: In some situations, the parties may agree to maintain their shared ownership after the divorce.
The right approach can depend on the business, the spouses’ financial situation and the overall property division.
Looking beyond the ownership percentage
For spouses who built a company together, divorce can force difficult decisions about both the business and their financial futures. Understanding how the business fits into the larger property division can help clarify what options may exist.A New Hampshire divorce attorney can review the business, the marital estate and the circumstances of the marriage to help determine an appropriate approach to property division.]]>On Behalf of Clark Law PLLC<![CDATA[What happens to retirement accounts in a divorce?]]>https://www.cindyclarklaw.com/?p=511652026-09-24T17:29:02Z2026-09-24T17:29:02ZRetirement accounts can be among a couple's most valuable assets. During a divorce, that can make them an important part of the property-division process.
The state addresses retirement benefits under itsproperty-division law. However, that doesn't necessarily mean that spouses will simply split every retirement account down the middle.
Marital assets versus pre-marriage accounts
Retirement accounts are typically considered marital property. Furthermore, the law doesn't automatically exclude property simply because it was acquired before the marriage.New Hampshire is an equitable distribution state. The law presumes that an equal division of marital property is equitable. However, the court may determine that equal division would not be appropriate based on certain factors, including:
The length of the marriage
Each spouse's financial circumstances and contributions
Future earning potential
The opportunity for each spouse to acquire capital assets
Premarital retirement assets can significantly affect property division and can be considered when determining equitable distribution. Pensions require a different approach from defined-contribution accounts such as 401(k)s and IRAs. Pensions often depend on factors such as salary, years of service and the terms of the pension plan. However, retirement accounts can be marital property even if they're not yet vested. There are methods for determining the marital portion of pension benefits and how that portion may be distributed.There are several ways for addressing retirement assets. One option is to divide the retirement account between the spouses. Another is to allow one spouse to keep the retirement account in exchange for other marital property as an offset. Many retirement accounts require a Qualified Domestic Relations Order (QDRO), a court order used to divide retirement accounts without treating the transfer like an ordinary withdrawal with penalties and tax consequences.If you are facing divorce, it's vital to speak with a legal professional who can explain howretirement accounts fit into the property division process and help you pursue a settlement that protects your financial interests.]]>On Behalf of Clark Law PLLC<![CDATA[One big misconception that can harm custody negotiations]]>https://www.cindyclarklaw.com/?p=511622026-09-10T15:39:05Z2026-09-10T15:39:05ZDivorcing parents often encounter incorrect information from well-meaning friends, posts on social media or internet forums or poorly researched articles online. Unfortunately, the wrong information can lead to bad decisions during custody negotiations. One common misconception divorcing or separating parents may encounter is that child custody is a “winner-takes-it-all” scenario, where one parent has to prove that the other is “bad” to prevail in any dispute over parental rights and responsibilities (which is New Hampshire’s term for custody).
In reality, shared parenting is the default
New Hampshire has a statutory preference for sharing parental rights and responsibilities. It mandates that courts “encourage approximately equal parenting time between each child and both parents if it is in the best interest of the child.” In most cases, “there shall be a presumption, affecting the burden of proof, that joint decision-making responsibility is in the best interest of minor children.”There will be occasions where shared parenting is not appropriate, but knowing that is the baseline New Hampshire courts work from is essential information that should inform your approach to the issue. Rather than trying to prove why you are a better parent than the other, it is better to focus on finding ways to make decisions together and an arrangement that permits each of you to spend a suitable amount of time with your child. Rather than relying on unqualified advice, it is better to seek experienced legal guidance to learn how things work and what your options are.]]>On Behalf of Clark Law PLLC<![CDATA[6 warning signs that a spouse is hiding wealth during divorce]]>https://www.cindyclarklaw.com/?p=511582026-09-04T12:01:43Z2026-09-04T12:01:11ZFinancial transparency is not just ideal during a divorce. The law requires it. Yet, hidden assets pose a significant threat to a fair settlement. If your spouse suddenly changed spending habits or stopped talking openly about money, they may be attempting to conceal marital property.
What happens when a spouse hides assets?
Hiding assets during a divorce is a serious legal violation. Courts impose financial and legal penalties on spouses who conceal wealth. Hidden assets can also lead to incorrect support orders and protract the legal proceedings considerably. Thus, knowing the warning signs early can prove critical to your case.
Six red flags you should know
Now that you understand the consequences, watch for these six warning signs:
Controlling transactions. Your spouse handles every bill, investment and bank interaction alone, making it harder for you to track shared finances.
Unexplained withdrawals. Large or repeated cash withdrawals and sudden transfers to unknown accounts may indicate an attempt to move assets beyond reach.
Missing documents. Disappearing bank statements or tax returns with missing pages may mean your spouse is hiding financial records from you.
Transfers to family or friends. Loaning, gifting or selling property below market value to relatives or business partners is a common method of temporarily concealing assets.
Deferred compensation. Asking an employer to delay bonuses or raises until after the divorce keeps that income out of settlement talks.
Fake business losses. A spouse who owns a business may delay invoicing, inflate expenses or create fake vendor bills to make the company appear less profitable.
Once you suspect your spouse is hiding assets, here is what you can do:
Gather existing records: Collect tax returns, bank statements and credit card bills you already have, as these can reveal unexpected financial activity.
Look for breadcrumbs: Review financial disclosures and pay stubs for clues like unknown interest income or payments to third parties that do not add up.
Use formal discovery: Your attorney can request documents, send interrogatories or issue subpoenas to banks and employers to obtain records your spouse may be withholding.
Hire financial experts: A forensic accountant can trace complex financial trails or hidden business assets that are difficult to uncover on your own.
A comprehensive financial picture strengthens your position and helps ensure you fight for what you rightfully deserve.
Your rights are worth fighting for
Hidden assets can keep you from the fair share of marital property you deserve under New Hampshire law. The legal system provides tools to facilitate full financial disclosure. Forensic accountants, discovery processes and legal professionals exist to help people in your situation. You do not have to accept a settlement built on incomplete information. With the right guidance, you can make sure your divorce reflects the truth of what you and your spouse built together.]]>On Behalf of Clark Law PLLC<![CDATA[How does a business owner’s income affect child support?]]>https://www.cindyclarklaw.com/?p=511572026-09-01T04:47:20Z2026-09-01T04:47:20ZYou spent years building your business, and now a divorce puts its finances under a microscope. Those numbers help decide how much child support you pay, and for an owner the math is rarely simple. A salaried parent has a paycheck that is easy to measure. A business owner does not, so New Hampshire courts look deeper to find the real income behind the company.
Looking beyond a regular paycheck
A paycheck fits neatly on one line, but your income does not. New Hampshire defines income broadly and counts nearly every source of money a parent receives, including business profits and self-employment income. That means the court looks past your salary line and asks what your company actually puts in your pocket each year.
Separating business expenses from personal income
Not every dollar your business spends is a true business cost. Owners sometimes run personal expenses, like a vehicle, a phone or travel, through the company, which shrinks the profit that shows up on paper. Because of that, the way support is calculated can add those personal costs back in, giving the court a more realistic view of what you actually earn.
Counting bonuses and irregular income
Money from a business rarely arrives in equal monthly amounts. You might take a year-end distribution, an occasional bonus or an uneven share of profits, and all of it still counts as income. In some cases, the court may apply child support to one-time or irregular income when you receive it, rather than folding that income into a fixed monthly amount.
Reviewing income the owner can control
As the owner, you decide how and when to pay yourself, and the court understands that power. The overtime exclusion that shields some hourly workers does not extend to business owners, because you can move money between a salary and other payments. If you lower your draw or delay income during the divorce, the court may treat your earlier, higher earnings as the truer measure of what you can afford to pay.
Gathering records that show actual income
Proving real income takes documentation, and tax returns are only a starting point. Profit and loss statements, bank records, credit card statements and business ledgers together show how money really moves through your company. New Hampshire also requires each spouse to file a sworn financial affidavit listing income and assets, and if the other parent will not disclose their earnings, the court can work from a reasonable estimate instead.
Building support around the full financial picture
A support order is only as fair as the financial picture behind it. When your income runs through a business, an order built on incomplete numbers can leave you overpaying for years or spark a dispute the moment your books get a second look.New Hampshire lets either parent revisit support after three years, or sooner if circumstances change substantially, so the accuracy of today's figures follows you well into the future. Before your first hearing, get a clear handle on what your business truly earns and how you will present that income, so the court can base its order on reality rather than guesswork.]]>On Behalf of Clark Law PLLC<![CDATA[How are digital assets increasingly involved in divorce discovery?]]>https://www.cindyclarklaw.com/?p=511562026-08-27T14:41:07Z2026-08-27T14:41:07ZDivorce discovery has traditionally focused on each spouse’s bank statements, tax returns, real estate records and retirement accounts. Today, however, a family's financial life may extend far beyond those familiar documents. Cryptocurrency, online businesses, payment apps and other digital assets are increasingly important considerations when spouses identify and value property during divorce.Cryptocurrency is one obvious example. Bitcoin and other digital currencies can have substantial value, yet identifying ownership may be more complicated than reviewing a traditional bank account. Discovery may involve cryptocurrency exchange records, transaction histories, digital wallets and records showing transfers between accounts.Digital payment platforms can potentially provide valuable information, as well. Transactions through services such as PayPal or Venmo may reveal income, purchases or transfers relevant to one’s marital financial picture. Online banking and investment platforms can similarly contain records that may need to be disclosed and reviewed.Other digital assets are easier to overlook. A spouse may own valuable domain names, monetized websites, online storefronts, digital artwork or intellectual property generating royalties. Social media accounts and content channels may themselves produce advertising or sponsorship income. These interests may require valuation just like more conventional business assets.Electronic information can also assist with tracing assets. Emails, cloud-stored documents and electronic financial records may help establish when property was acquired, where money was transferred or whether an asset is marital or separate. In complex divorces, forensic accountants and digital forensic professionals may assist attorneys in examining this information.
Approaching this process with caution
There are important boundaries to digital discovery, however. Suspecting that a spouse is hiding digital assets does not authorize someone to guess passwords, secretly access protected accounts or install monitoring software. Improper attempts to obtain electronic evidence may inspire significant legal problems accordingly. Seeking experienced legal guidance can help a concerned spouse to manage the risk of these potential missteps as effectively as possible. ]]>On Behalf of Clark Law PLLC<![CDATA[Can you dispute a prenup during divorce?]]>https://www.cindyclarklaw.com/?p=511532026-08-10T16:54:58Z2026-08-10T16:54:58ZYes, even if you signed a prenuptial agreement, there may be ways to dispute it during the divorce process. In some cases, it will turn out that a prenup is invalid, so it does not have to be followed when addressing property division.One example could be if you were tricked or manipulated into signing the document. Perhaps your spouse presented you with a list of documents to sign, but they never gave you any time to read them and they did not explain what they were. You did not even understand that you had signed a prenup until you filed for divorce.
False information
Another issue can be if the prenup contains false or incomplete information. Maybe your spouse was not honest with you about the financial resources that they owned or how much money they were earning. Perhaps they left out key details, so you never would have agreed to the prenup in the first place if you knew the reality of the situation.
Duress and time for consideration
Another potential example is if you were put under duress or pressured to sign the document, or if you were not given enough time to consider it before signing.This is sometimes an issue when one person comes to the other the day before the wedding and asks them to sign a prenup. That person does not realistically have enough time to read and carefully consider the document before signing, and they may feel excessive pressure to sign so that they do not have to cancel the wedding. A lot of money has already been invested, guests have come to town for the celebration and many other steps have been taken. This can put a person under duress so that they feel pressured to sign, rather than signing of their own free will.These are just a few examples to keep in mind regarding how you may be able to challenge a prenup. Be sure you are well aware of your legal options while going through property division.
]]>On Behalf of Clark Law PLLC<![CDATA[What happens to multiple homes in a divorce?]]>https://www.cindyclarklaw.com/?p=511522026-07-30T08:23:03Z2026-07-30T08:23:03ZUse appraisals to find value and equity
A qualified appraiser estimates a home’s fair market value. The appraiser reviews its size, condition and location, then compares it with recent sales of similar homes. This step may help when online estimates or older records do not reflect the current market.
Market value is only part of the picture. To estimate your equity, subtract the mortgage balance and other liens from the appraised value. You might also need to include a home equity loan or line of credit. Using the same valuation date for each property could make the comparison more consistent.
Review the full cost of each home
Mortgage payments, property taxes, insurance and upkeep all affect the cost of ownership. A vacation home might sit empty for much of the year while still costing money to maintain.
Rental property creates other concerns. Rent may cover some expenses, but vacancies, repairs and management fees could reduce the income you receive. Selling a property might also result in tax costs, depending on the property and your financial history. Consider whether you could refinance the mortgage in your name and afford the property on one income.
Plan for long-term stability
You do not need to base your choice on market value or emotional ties alone. Understanding the financial effect of each home gives you a clearer way to compare your options. Preparing a realistic budget and ownership plan may help you reach an arrangement that is feasible after the divorce.]]>On Behalf of Clark Law PLLC<![CDATA[What is a default divorce judgment?]]>https://www.cindyclarklaw.com/?p=511512026-07-28T12:39:44Z2026-07-28T12:39:44ZA default divorce judgment can be used when only one party is cooperating with the divorce process. They may file paperwork with the court asking for a specific child custody schedule, for example, or a certain division of assets. Under a default judgment, the court may then approve the terms they have asked for because their spouse is non-cooperative.Often, this means that the spouse has not responded to the divorce petition at all. They have missed the deadlines and have not communicated with the court directly or contested any of the terms that were proposed. In other cases, it can happen if the court has set up a hearing and that spouse misses the hearing.
Why would this happen?
This can happen for a wide variety of reasons. In some cases, a person simply cannot locate their spouse and has trouble serving them with the divorce petition in the first place. This may be an issue in a case of abandonment. If that spouse cannot be located, the other person can use a default divorce judgment to get out of their marriage, rather than being trapped in the legal relationship until their spouse can be found.In other cases, people will intentionally skip hearings or fail to respond to the divorce petition. It could simply be that they do not want to get divorced. They believe that not cooperating will stop the divorce from taking place. The reality is that their spouse can still get a default judgment, even without their participation.This helps to show some of the complexities you may face when filing for divorce. If you find yourself in this position, it is important to know exactly what legal options you have.
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