The New Hampshire

Family Law Letter

November– December 2003

Heading Off Holiday Disappointment

Carefully constructed holiday visitation schedules can help keep holidays happy for divorced parents and their children. But unless holiday (and vacation) schedules are drafted with care and attention to detail, parents are likely to encounter last-minute crises that can leave everyone upset. How can we help when distraught parents call? Read this article

Emerging law:

NH Supreme Court Rules Same-Sex Affair Not Adultery

On November 7 the New Hampshire Supreme Court held that “adultery under RSA 458:7, II does not include homosexual relationships.” Since the statute does not define adultery, the majority in the three-two opinion based its holding on dictionary definitions of adultery and sexual intercourse, which it concluded “can only take place between persons of the opposite gender.” Read this article

Premarital Agreements

When contemplating marriage, a person who has substantial assets or who has children from a previous marriage and wants to preserve assets for them may wish to consider a premarital agreement. But agreements between parties contemplating marriage are subject to special court scrutiny, and could be ruled invalid if they fail to meet certain requirements. Read this article

Divorce, Dixie Chicks Style?

On the Dixie Chicks’ gold CD Fly, Mary Anne and Wanda choose an odd remedy for domestic violence: black-eyed peas. We like the music, but not the recipe. Fortunately, there are more appropriate—and legal—tools available to protect victims of domestic violence. Read this article