Divorce and Family Law: Our Philosophy
We all know how important our families are and how strong emotions are tied up with our family. When most people use "attorney" and "family" at the same time, they are usually speaking about divorce. And yes, while divorce is a big part of family law, it is not the only area in which we can help you.
Prenuptial agreements are invaluable for older couples and blended families to help assure each separate family will receive their parent's estate.
Without a power of attorney for healthcare or financial affairs appointing you as agent, you may have to obtain guardianship of your child over the age of eighteen (18) or your spouse if they become incapacitated. Circumstances change and so the amount of child support you receive or pay or with whom the children live may need to as well.
Domestic violence can sadly be an outcome of the commencement of a divorce proceeding. It can also be misused by one spouse to falsely accuse the other to get the upper hand in a divorce proceeding.
Divorce is traumatic enough. Decisions made in a divorce will effect you for the rest of your life. Bickering and fighting do not achieve a positive result—good, experienced lawyering does. Regardless of how simple or amicable things may seem, it is essential that you retain an attorney, as a trusted and knowledgeable advisor and someone to advise you as to your rights.
We believe that litigation is sometimes necessary but should be the last resort. We approach divorce in a more respectful alternative. Each spouse is entitled to their share of marital assets and debts, but we try achieve that division in a way that minimizes the hurt, the anger and the alienation that may occur during a divorce.
We will assist you to identify how, under what circumstances, and at what cost (financial and emotional) the issues surrounding a divorce can be resolved.
For instance: Did you know that by selling your house after you get divorced you could save capital gains tax on $125,000?
If you cannot agree to file a joint tax return, did you know that you should file separately because you cannot amend a joint return after the due date for that return in order to file separately.
If your spouse is providing you health insurance right now, did you know they could be required by court order to continue that coverage even after the divorce?
How Much Will it Cost Me? That will depend on how much you and your spouse can agree upon. The more you agree on, the less expensive. We charge on an hourly basis and require a retainer up front. After we assess your case, we will tell you the amount of the retainer we need and estimate the total cost. But remember, the total cost is determined by how reasonable you and your spouse are.
How Is Property Divided Between Spouses? First, the marital estate (assets as well as debts) must be identified. It does not matter who owns the asset, or who brought the property into the marriage. Each item in the marital estate is valued. New Hampshire divides the property equitably, or fairly, between the spouses. Equitable does not necessarily mean equal. It is a good starting place, especially when both spouses are on equal footing in terms of income and career opportunities. However, New Hampshire law lists over 15 different factors that can be taken into consideration, which justify varying from a 50/50 division (RSA 458:16-a).
How is Child Support Determined? Child support is determined by the formula set forth at RSA 458-C:3. The number of children establishes what percent of both parents' adjusted net income is child support. Adjustments made to a parent's gross income include, but are not limited to, a self-support reserve, mandatory retirement contributions, actual state income taxes paid and the cost of medical insurance for the children. While only one parent pays child support, both parents share in the total amount of child support as determined by this formula.
strong>Where Will the Children Live? The legislature is very aware of how parents splitting up can affect the children. So much so, that the legislature put down in writing what a parent's rights and responsibilities are when it comes to their children (RSA 461-A). RSA 461-A:2 states the purpose of this set of laws:
Because children do best when both parents have a stable and meaningful involvement in their lives, it is the policy of this state, unless it is clearly shown that in a particular case it is detrimental to a child, to:
- Support frequent and continuing contact between each child and both parents.
- Encourage parents to share in the rights and responsibilities of raising their children after the parents have separated or divorced.
- Encourage parents to develop their own parenting plan with the assistance of legal and mediation professionals, unless there is evidence of domestic violence, or child abuse/neglect.
- Grant parents and courts the widest discretion in developing a parenting plan.
- Consider both the best interests of the child in light of the factors listed in RSA 461-A:6 and the safety of the parties in developing a parenting plan.
When the Court makes decisions which affect your parental rights as well as your responsibilities toward your children, it is guided by this purpose.
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