Domestic Relations Law

Yes.  Alimony may be awarded in periodic payments or in a lump sum.  A Court may award alimony for a definite or indefinite period.

The process in NH and VT is basically the same except that after a legal separation neither party is free to marry. However, after a legal separation, parties may resume being married by filing a notice with the clerk of court. A legal separation may be converted to a divorce after a certain period.

Marital property in a divorce is defined in NH by RSA 458:16-a to include all property no matter when it was acquired and no matter whose name it may be in. The same is true in VT pursuant to VSA 15 § 751.

Collaborative divorce is a form of alternate dispute resolution that offers divorcing couples a hands-on settlement with legal representation. It is a method of resolving divorce issues with the active participation of a lawyer for each party, a coach and a financial neutral. By contract, both parties and both lawyers agree not to litigate. If negotiations break down, the lawyers are disqualified from representing their clients in litigation. The lawyers work cooperatively to structure the process and facilitate settlement.

A mediator is used to try to help parties reach a settlement of their case. A mediator does not decide anything but tries to help parties consider the risks and issues and find a solution. Mediation can be with or without a lawyer present. Mediation can take place with all parties in the same room or in separate rooms. The mediation process and information shared during mediation is confidential and may not be used in Court.

No. The inquiry for parenting is what is in the best interests of the child. By statute, a parent’s gender is not a basis for the awarded of parenting time.

In dividing property in a NH divorce, RSA 458:16-a provides that an equal division is presumed to be fair but the Court may make a different division if it finds reasons to do so. In VT, property is to be divided “equitably” between the parties depending on a number of factors. There is not a statutory presumption that equal division is equitable.

No. This is a parental decision or one for the Court. A mature minor may express a preference about where he/she lives and the court may take it into account assuming it is not the product of bribery, coercion or undue influence but the Court is not bound to follow the wish of a child.

Except for a disabled child, child support terminates upon the last of age 18 or completion of high school.

The best practice is to wait until your divorce is over. Part of the answer has to do with whether you are involved in a fault or no-fault divorce. This is a matter to be discussed with your lawyer.