The New Hampshire

Family Law Letter

Collaborative Law in Divorce, Parenting, or Post Divorce Issues

Collaborative Law is a fast-growing option for people to resolve disputes respectfully and fairly without ever going to court or without having to get caught up in the adversarial process. Read this article

Divorce on Fault Grounds

In the May-June Family Law Letter we discussed no-fault divorce and said only nine statutory fault grounds remain on the books in New Hampshire. We look at them here—and explain why over 95% of all New Hampshire divorces are granted on the ground of irreconcilable differences, or no-fault. Read this article

Stepping Back from Anger

Protecting Your Children During Divorce

Each year, over 1 milion American marriages end in divorce. As rough as this is for the adults, for their children it can be even worse. Read this acclaimed article from the American Academy of Matrimonial Lawyers for guidelines on minimizing fear, hurt, and disruption in children's lives. Read this article

Abandonment and Divorce

Does moving out of the marital home constitute abandonment?

When a marriage is breaking down, it may be prudent for one partner to move out of the marital home to protect the physical or emotional health of family members. Such a move can be a first step toward counseling and possible reconciliation, or if the marriage can’t be saved, toward filing for divorce. New clients often ask us if moving out in such circumstances might constitute abandonment or desertion, or otherwise place them at a disadvantage in divorce proceedings. 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