Family Law Archives - Page 3 of 4

Should Spouses Live Together While Their Divorce Action is Pending?

April 26, 2018 - Oftentimes, a divorce action is immediately preceded by a spouse leaving the home, belongings in a suitcase. Other times, one spouse demands that the other spouse leave and he or she will either leave voluntarily or will only do so if there is a court order. But, are there reasons why divorcing couples might choose […]

NH Family Law Legislative UPDATE – Guardians ad Litem

April 23, 2018 - This New Hampshire legislative session has been a busy one thus far for family law. At this time, there are five bills that would, if passed, have a significant impact on families going through divorce or parenting proceedings in New Hampshire. One of those is HB 1775, now in the Senate, which addresses the appointment […]

Ten Reasons Why Prenuptial Agreements Make Sense

April 5, 2018 - Prenuptial agreements are now common, even for first marriages. They are especially common for those previously married. While prenuptial agreements may be viewed with skepticism by some, in the majority of cases, prenuptial agreements are fairly drafted and requested for understandable reasons. Properly drafted prenuptial agreements often alleviate financial worries or pressures, which would otherwise […]

UPDATED: Alimony Affected By Proposed Tax Reform Legislation

December 19, 2017 - The Senate/House Conference Report is out, and the alimony provision has some change – delaying the phase out of the deduction for one year. If the tax bill becomes law, the alimony deduction repeal would affect divorces entered after December 31, 2018. Under current law, alimony payments are deductible by the payer and taxed as […]

Guardian ad Litem Reports

December 19, 2017 - In cases involving parenting disputes, the Court may appoint a guardian ad litem (“GAL”). The GAL is typically an attorney or a mental health professional, but must be trained and certified as a GAL. The role of the GAL is to represent the best interests of a child, conduct an investigation and make a recommendation […]

Alimony Affected By Proposed Tax Reform Legislation

November 6, 2017 - The proposed Tax Cuts and Jobs Act (“Act”) released on November 2, 2017 contains several provisions that could impact divorce cases, most significantly in the alimony area. At present, a spouse receiving alimony must report it as income and a spouse paying alimony may claim a tax deduction. The Act would change the tax treatment […]

Is Electronically Stored Information (ESI) Relevant? (part 2 of a series on this topic)

October 25, 2017 - In the first blog in this series, I discussed how to overcome hearsay when attempting to introduce electronically stored information (ESI). This blog discusses the second issue: relevance. When seeking to introduce ESI, the concept of relevancy has no different or higher significance than with any other evidence. Relevant evidence, including ESI, is evidence having […]

When Can Electronically Stored Information (ESI) Be Introduced Into Evidence? (part 1 of a series on this topic)

October 20, 2017 - The concept of introducing electronically stored information (ESI) is no longer a novel one for attorneys, especially in divorce matters. Text messages, emails, social media and group chats are commonplace and provide deeply personal, and oftentimes damaging evidence. It is critical for clients to understand that such posts can become an exhibit at a hearing, […]

Can a parent compel the disclosure of a child’s therapy records in a parenting dispute?

October 4, 2017 - Generally, a parent may not compel the disclosure of a child’s therapy records in the context of a parenting dispute. The N.H. Supreme Court addressed this issue in the 2005 case In the Matter of Berg and Berg which remains good law today. In Berg, the father filed a contempt motion against the mother, asserting […]

Understanding “First Appearance” in Divorce

September 18, 2017 - The filing of a Petition for Divorce triggers several deadlines and obligations. These deadlines and obligations are explained in the packet of service paperwork that the non-filing party will receive at the outset of litigation. One such obligation, applicable to all parents of minor children, is attendance at the First Appearance session. Parties are required […]

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