New Mandatory Self Disclosure Rule in New Hampshire Divorce Cases

The New Hampshire court system has enacted a new rule mandating that each party exchange detailed financial information early on in New Hampshire divorce cases. The rule is effective December 1st, 2011. The text of the rule is below:

Rule 1.25-A  Mandatory Initial Self Disclosure:

A. APPLICATION.

This Mandatory Initial Self Disclosure Rule applies to all new actions in the family division for divorce, legal separation, annulment, or civil union dissolution.  For parenting or child support petitions, or petitions to enforce or change court orders in parenting, divorce, legal separation, or civil union dissolution cases in the family division, sections B (1) (g) through (l) shall not apply.

This rule applies to parties engaged in mediation or other alternative dispute resolution processes once the petition invoking court involvement has been served/delivered.  Parties involved in alternative dispute resolution before filing are not bound by the rule until they initiate court action.

B. INITIAL DISCLOSURES.

1.  Except as otherwise agreed by the parties or ordered by the Court, each party shall deliver the following documents to the other no later than the earlier of (i) forty-five (45) days from the date of service/delivery of the petition or (ii) ten (10) days prior to the temporary hearing or initial hearing on the petition, not including the First Appearance required by rule 2.11:

(a) A current financial affidavit in the format required by family division rule 2.16, including the monthly expense form.

(b) The past three (3) years’ personal and business federal and state income tax returns and partnership and corporate returns for any non-public entity in which either party has an interest, together with all tax return schedules, including but not limited to W-2s, 1099s, 1098s, K-1s, Schedule C, Schedule E and any other schedules filed with the IRS.

(c) The four (4) most recent pay stubs (or equivalent documentation) from each current employer, and the year-end pay stub (or equivalent documentation) for the calendar year that concluded prior to the filing of the action.

(d) For business owners or self-employed parties, all monthly, quarterly and year-to-date financial statements to include profit and loss, balance sheet and income statements for the year in which the action was filed; and all year-end financial statements for the calendar year that concluded prior to the filing of the action.

(e) Documentation confirming the cost and status of enrollment of employer provided medical and dental insurance coverage for:

i. The party,

ii. The party’s spouse, and

iii. The party’s dependent child(ren).

(f) For the twelve (12) months prior to the filing of the action, any credit, loan and/or mortgage applications, or other sworn statement of assets and/or liabilities, prepared by or on behalf of either party.

(g) For the twelve (12) months prior to the filing of the action, documentation related to employee benefits such as but not limited to stock options, retirement, pension, travel, housing, use of company car, mileage reimbursement, profit sharing, bonuses, commissions, membership dues, or any other payments to or on behalf of either party.

(h) For the twelve (12) months prior to the filing of the action, statements for all bank accounts held in the name of either party individually or jointly, or any business owned by either party, or in the name of another person for the benefit of the either party, or held by either party for the benefit of the parties’ minor child(ren).

(i) For the twelve (12) months prior to the filing of the action, statements for all financial assets, including but not limited to all investment accounts, retirement accounts, securities, stocks, bonds, notes or obligations, certificates of deposit owned or held by either party or held by either party for the benefit of the parties’ minor child(ren), 401K statements, individual retirement account (IRA) statements, and pension-plan statements.

(j) For the twelve (12) months prior to the filing of the action, any and all life insurance declaration pages, beneficiary designation forms and the most recent statements of cash, surrender and loan value.

(k) For the six (6) months prior to the filing of the action, statements for all credit cards held by either party, whether individually or jointly.

(l) Any written prenuptial or written postnuptial agreements signed by the  parties.

2.  The parties may redact all but the last four (4) digits of any account numbers and social security numbers that appear on any statements or documents.

3.  The parties shall promptly supplement all disclosures as material changes occur while the action is pending.

4.  A party may seek a protective order for information disclosed in response to these mandatory disclosures.  Protective orders will ordinarily be available upon request.  In the event of a dispute concerning the need for a protective order, the party seeking the order shall file a motion requesting that the Court conduct an in camera review of the materials in dispute.  The Court will review the materials and determine if a protective order is necessary.  From the date of the filing of the motion until such ruling, the materials shall be produced, but shall be disclosed by the parties only to their attorneys, staff, experts/consultants, in court, and as otherwise necessary in connection with the pending action.  Materials submitted for in camera review shall be sealed in the Court’s file until the Court determines the necessity of a protective order.  If a protective order is issued, the Court shall seal the exhibits submitted in connection with the request for the protective order that remain in the Court’s file.

C. UNAVAILABILITY OF DOCUMENTS.

1.  In the event that either party does not have any or all of the documents required under this rule or has not been able to obtain them, that party shall state in writing, under oath, the specific documents which are not available, the reasons the documents are not available, and the efforts made by the party to obtain the documents. A statement of unavailability under this provision does not limit the filing party’s duty to supplement disclosures and provide the other party with documentation as it becomes available.

2.  When a statement of unavailability is filed or when it otherwise becomes apparent that documents required by this rule are unavailable, the party seeking the documents may prepare and submit to the other party appropriate authorizations or releases enabling the seeking party to retrieve the documents from their source.  Upon receipt of such a release or authorization the party to whom documents were unavailable shall execute and immediately return to the seeking party the release or authorization.  The seeking party may use the authorization or release to retrieve the unavailable documents covered by this rule, initially at their own expense, but that expense may be reallocated upon motion or at the final hearing.

D. FAILURE TO PROVIDE INITIAL DISCLOSURES.

1. Unless and until a party provides Initial Disclosures as required by section B and C above,  the Court may impose sanctions, including, but not limited to prohibiting that party from: (a) introducing into evidence any document which was required under section B or C of this rule; (b) testifying or making an offer of proof regarding information or subject matter which is likely to be contained in or referred to in section documents required by section B and C; (c) filing requests for discovery as allowed under the family division rules; or (d) filing any discovery motions.

2.  If a party’s failure to provide Initial Disclosures prejudices access of a compliant party to requested substantive relief, such as the calculation and receipt of child support, the Court may, in addition to other sanctions, address the relief requested by the compliant party on the basis of reasonable estimates and assumptions, at least until such time as the documents are produced.

E. ADDITIONAL DISCOVERY.

If a party is in compliance with section B and C of this rule, that party may request further information as allowed under family division rules.  This rule is not intended to limit the scope of discovery as provided under family division rule 1.25.

F. COURT ORDERED COMPLIANCE

Notwithstanding any agreement by the parties for limited applicability, the Court may, at any time, order full compliance with this rule.

What N.H. Rule 1.25-A Means for New Hampshire Divorcing Spouses

The rule obviously requires parties to exchange a significant number of documents from a variety of sources. Gathering, copying and exchanging these documents is time consuming and makes  many divorcing spouses wonder if the effort is worth it.

“The first casualty of divorce is trust.”

For most people, the answer is an unqualified “yes.”

The first casualty of divorce is trust. Even if you are maintaining a veneer of civility with your spouse, you probably do not trust him/her for the simple reason that you no longer share a mutual interest — the marriage.  You intuitively understand that your spouse might have an incentive to be less than forthcoming with crucial information regarding income, assets, business interests, health insurance, etc.

That’s where New Hampshire Family Division Rule 1.25-A comes in.

It dispels the natural distrust divorcing spouses often have for each other by mandating equal disclosures.  You aren’t put in the awkward position of repeatedly asking your spouse for documents that you know he/she does not want to give you.  Conversely, you cannot unreasonably withhold documents your spouse requests simply because they are unfavorable to you.

In the end, New Hampshire Family Division Rule 1.25-A causes there to be one less issue for you and your spouse to argue about as  you go through the scary, confusing, and emotionally draining divorce process.  And that’s a good thing.

Free Bonus For Those Who’ve Read This Far

New Hampshire Family Divsion Rule 125-A: B(1), above, allows the parties to waive the application of the rule by mutual agreement.  So, if you and your spouse believe that following this rule is unnecessary or too burdensome, you have an “out”, so long as the agreement is in writing, submitted and approved by the court.  This may make sense in some circumstances, although more information is typically better than less.

How a New Hampshire Divorce Attorney or New Hampshire Divorce Lawyer Can Help

Contact us today and we’ll help you navigate the complexities of New Hampshire Family Division Rule 125-A.  Learn why many of our clients consider us to be the best divorce lawyers in New Hampshire.

Why Hiring a New Hampshire Divorce Attorney in a Bad Economy Makes Financial Sense

Conventional Wisdom – NH Divorce Lawyers Don’t Add Value

It seems counter-intuitive that hiring a New Hampshire divorce lawyer or New Hampshire divorce attorney makes sense in this economy.  Your earnings are flat or down.  The depreciated value of your home leaves little equity.  Your personal debt has increased while your investments have decreased.  You’ve even dipped into your 401(k) to relieve the financial pressures you’re facing.  You can’t afford a divorce lawyer, and there’s nothing to fight about anyway.

Sound familiar?

How NH Divorce Attorneys Add Value

Now, take a step back and think about it from a practical standpoint.

“So, by way of a mixed analogy, wood is not the only thing you’re burning if you choose to divorce without a divorce lawyer.  Your money is also going up in smoke.”

If you’re like many of my clients, you purchased a wood stove in the last several years.  You justified the up-front cost of doing so by reasoning that, given the high price of heating oil,  the wood stove would pay for itself in x number of years.  Right?

Well, the same principle applies to your divorce.  Let me explain.

Hiring an experienced New Hampshire divorce lawyer or New Hampshire divorce attorney requires a retainer.  Let’s say the retainer amount is $2000.00, which is fairly standard in divorce litigation.

You have children and the first issue you tackle with the divorce lawyer is child support.  You think $1,500 per month is “fair” and have tentatively agreed to that amount with your spouse.  The lawyer calculates your child support obligation to be $1,250 per month under the New Hampshire Child Support Guidelines.

Assume you’re the person paying support.  You’ve achieved a monthly savings of $250.00.  Run $250.00 over eight months ($250 x 8 months).  The total? $2,000.  So, the lawyer paid for himself or herself in eight months.

Now assume you’re the person receiving support.  You realize the $1,500 being offered by your spouse is $250.00 more per month than you would likely receive in court.  You accept the $1,500 per month and thereby gain an additional $250.00 per month.  Again, run $250.00 over eight months ($250 x 8 months).  Same result.  The lawyer paid for himself or herself in eight months.

Take this analysis a step further.  Your child is six years old.  You will receive or pay child support for 11 more years.  $250/month times 12 months is $3,000.00 per year.  $3000.00 per year times eleven years is $33,000.  So, after subtracting for lawyer’s fees ($2,000) you are financially better off by $31,000 simply by hiring an experienced New Hampshire divorce lawyer or New Hampshire divorce attorney.

It goes without saying that neither I, nor any other reputable divorce lawyer, can guarantee that your child support award will mirror the example given above.   But it’s not unusual for me to achieve a similar result for my clients.

So, by way of a mixed analogy, wood is not the only thing you’re burning if you choose to divorce without a divorce lawyer.  Your money is also going up in smoke.

Contact Us to Learn More

Contact us today and learn why many of our clients consider us to be the best divorce lawyers or best divorce attorneys in New Hampshire.

Is Representing Yourself in a New Hampshire Divorce or Child Custody Case for You?

Representing Yourself in a NH Divorce or Child Custody Case

There’s a superficial appeal to representing yourself in a New Hampshire divorce or New Hampshire child custody case.

It seems cheaper, simpler and apt to cause less hostility between you and your spouse.  We are told it’s more conducive to coming to a mutual and fair child custody and/or divorce settlement agreement.  Analytically, it appears to make sense.

“The problem is that divorce, like marriage, is not an abstract analytical exercise.  It’s fueled by emotion and driven by the interpersonal dynamics of the parties.”

The problem is that divorce, like marriage, is not an abstract analytical exercise.  It’s fueled by emotion and driven by the interpersonal dynamics of the parties.  Almost invariably, the person who is pushing the idea of self-representation is the one who exercised more power (emotionally, financially, or otherwise) during the marriage.  Self representation works for these parties because they know they can fashion a custody agreement and/or divorce settlement agreement which is more favorable to them than if a New Hampshire family law attorney got involved.

So, in reality, self representation is often an extension of one party’s power over the other until the absolute end of the divorce process.

Representing Yourself in a NH Divorce or Child Custody Case is Not for Everyone

Because of this, self representation simply does not work well for the individual who is conflict adverse, not comfortable asserting himself or herself, or concerned about hurting the other party’s feelings in a New Hampshire divorce or child custody case.  Moreover, it’s unrealistic and unfair to expect that person to suddenly abandon their role at the artificial “start line” of the divorce process.   But that’s what self-representation requires.  The result is predictable — a child custody agreement and/or divorce settlement agreement that is “fair” in name only.

Do Mediators or Judges Ensure that NH Child Custody Agreements and/or Divorce Settlements are Fair?

Your instincts tell you that New Hampshire must have a mechanism which ensures that the child custody agreement and/or divorce settlement is fair.  Mediators? Judges?

New Hampshire Divorce Mediators

In New Hampshire, mediators are often not divorce or family law attorneys and cannot ethically provide legal advice to either party.  The mediator’s role is to guide the parties to a mutually acceptable agreement, not a fair agreement.

New Hampshire Family Law Judges

New Hampshire judges theoretically can ensure fairness, but practically have a limited ability to do so.  That is because New Hampshire family courts are required to give great deference to agreements reached between parties in child custody and divorce cases.  Courts routinely approve divorce settlement agreements which are not in-line with applicable law because the agreements have been agreed to by both parties.

New Hampshire Divorce Attorneys and New Hampshire Divorce Lawyers

Which brings us to New Hampshire divorce attorneys (don’t gag, we can help!).  A skilled NH family law attorney levels the playing field by advocating for you in order to facilitate a truly fair settlement.  In so doing, the NH divorce lawyer insulates you from the stressful negotiation process and allows you to focus on the emotional and psychological aspects of ending your marriage.

Contact Us If You Need Help

Self-representation isn’t for everyone.  It’s healthy to avoid conflict, not a sign of weakness. Contact us today and we’ll negotiate the NH child custody agreement and/or divorce settlement agreement you want, not the one you are given.

3 Key Questions to Consider Before Hiring a Family Law Attorney

Making the decision to hire an attorney for your divorce or family law proceedings is a difficult task.

You never imagined when you pledged your lives together that you would eventually have to hire a Family Law attorney to handle the dissolution of your happily ever after.

That is why these 3 Key Questions to Consider are an important step in your decision making process.

1.) What Kind of Experience Does The Family Law Attorney Have?

Not only do you want to know your family law attorney’s credentials (schooling, prior firms and work, areas of speciality, tenure in family law casework, etc) but you should also ask about their familiarity with the Family Law courts in your area. By choosing a Family Law attorney who knows the preferences of the judges who will be hearing your case, your attorney will be able to create a legal defense that meshes with their courtroom style.

2.) Are You Able To Communicate Comfortably With The Family Law Attorney?

Over the course of a divorce proceeding, you will be discussing a great deal of private and personal information with your Family Law attorney. Not only will you want to work with someone who inspires your confidence and trust, but you should ask how often your attorney will update you on the case, how available they are to you, and what their office policies are.

This is also the time to ask how many cases your Family Law attorney has settled out of court and how many have gone to trial. Depending on your individual situation, you may already have feelings on how you would like division of your union to end. It is important you work with a Family Law attorney that will work to bring you the resolution you envision.

3.) What Are Your Family Law Attorney’s Fees?

The cost spectrum for a divorce proceeding is wide, depending on a number of different variables. The friendliness of the split, the division of assets, whether there are children and custody considerations – the more complex a situation the more hours a Family Law attorney will have to spend on your case.

You should ask about any consultation fees, what the attorney’s retainer will be, whether any portion of the retainer is refundable, if they charge hourly or on a flat rate basis, and how often you can expect invoices. Also clarify what legal and filing fees your Family Law attorney anticipates as additional expenses in your case.

Divorce and other family law proceedings are often very difficult times in people’s lives.

Do not make the process even more challenging and emotional by choosing a Family Law attorney that does not meet your expectations and wishes in these 3 key areas.

NH Divorce: Why Representing Yourself is a Bad Idea

It’s tempting to represent yourself in a New Hampshire divorce or parenting action.  Common reasons include:

  • Your (fill in name of relative or friend) did it and s/he did alright.
  • NH divorce and parenting forms provided by the Family Division court seem straightforward enough.
  • Lawyers are expensive and create more problems than they solve.
  • I’m sure my significant other and I can reach a “fair” settlement without a New Hampshire family law attorney.

“Rationalizations are for your diet angst and impulse buys. Put down that carton of ice cream, pick up your cell phone, and call us.”

All of the above are rationalizations.  All seem to be true in one way or another.

But ask yourself a couple more questions (some humorous).

Do you operate on yourself or leave that to a surgeon?

Do you repair your own vehicle after a serious traffic accident? Pop the hood, replace the engine, straighten that frame … it’s all good!

Would you trust me to do your job? I’m behind the controls of that jet, teaching your kids, or making sure that bridge is safe.

Of course you wouldn’t.

Why then, do you think it’s a good idea to represent yourself in a court case involving your children’s well-being, money and your future?  And this is going to go well for you … how?

Rationalizations are for your diet angst and impulse buys. Put down that carton of ice cream, pick up your cell phone, and call us.

Contact us and learn why many of our clients consider us to be New Hampshire’s best divorce attorneys.

New Hampshire Fault Divorce: Advantages and Disadvantages

There are two types of divorce in New Hampshire: fault and no-fault.

In a New Hampshire no-fault divorce, the actions of either party that may have contributed to the breakdown of the marriage are irrelevant.  The Family Division court’s only inquiry is whether irreconcilable differences have caused the irremediable breakdown of the marriage.

By contrast, each party’s actions are closely scrutinized in a New Hampshire fault divorce in order to determine what caused the marriage to fail.  Some of the statutory factors that a Family Division court can find to have caused the breakdown of the marriage include:

  • Adultery of either party
  • Extreme cruelty of either party to the other
  • When either party has so treated the other as seriously to injure health or endanger reason
  • When either party is a habitual drunkard, and has been such for 2 years together

“Fault divorce is appropriate when a party feels particularly aggrieved by his/her spouse’s conduct and truly believes that the spouse’s behavior caused an otherwise solid marriage to fail.”

As you can imagine, specific, detailed evidence is required to prove any of the factors listed above to the Family Division court’s satisfaction. In fact, NH courts, mediators, and New Hampshire divorce attorneys generally encourage parties to proceed on a no-fault basis.

However, there are very valid reasons for filing a fault divorce.  It is important for you to understand the potential benefits of a fault divorce in order to make an informed decision.

Advantages of New Hampshire Fault Divorce

First, a party who proves that his/her spouse’s fault caused the breakdown of the marriage may be entitled to a greater share of the divorce property settlement. In order to receive a greater share, s/he must also prove that his/her spouse’s fault caused substantial physical or mental pain or resulted in substantial economic loss to the marital estate.

Second, the NH Family Division court can consider fault in determining the amount of alimony a party is entitled to receive.  For many people, alimony is a crucial aspect of any divorce settlement.

Finally, fault divorce is appropriate when a party feels particularly aggrieved by his/her spouse’s conduct and truly believes that the spouse’s behavior caused an otherwise solid marriage to fail.

Disadvantages of New Hampshire Fault Divorce

There are well known disadvantages to fault divorce.  First, fault grounds may increase the acrimony between the parties and may negatively affect the relationship each party enjoys with their children.  Second, fault divorce is typically more expensive to litigate because the other party is less likely to settle and a final hearing will probably be required to prove the fault. Finally, fault can be difficult to prove because it must be shown that the other party’s conduct actually caused the marriage to break down.  The mere existence of the conduct, however egregious, is not enough.

Our Role in a New Hampshire Fault Divorce

In the end, the decision to proceed on a fault or no-fault basis is yours to make.  Once made, it is our objective to validate your decision by achieving the best possible outcome for you.

Contact us and learn why many of our clients consider us to be the best divorce attorneys in New Hampshire.

NH Child Custody and NH Child Support Issues in New Hampshire Divorce Cases

There are two major issues in NH divorces involving minor children and NH parenting cases: child custody and child support.

New Hampshire Child Custody

In all NH divorces involving minor children, and NH parenting cases, each party is required to submit to the family division court a document called a parenting plan.  A parenting plan includes very detailed provisions regarding how the minor child(ren) will be raised after the parties live separately.

Every parenting plan contains paragraphs regarding decision-making responsibility, residential responsibility/parenting schedule, information sharing, communications with the minor child(ren), relocation and dispute resolution.

Parties seldom agree on every facet of a NH parenting plan.  The parties can resolve their differences in two ways.

The most frequent way is informally through mediation, alternative dispute resolution (ADR), arbitration or direct negotiations between New Hampshire divorce and/or NH family law attorneys.  Both parties must make concessions in order to arrive at a mutually acceptable parenting plan.  If they do, they can submit this agreed-upon parenting plan to the family division court and the court will very likely adopt the parenting plan in its final order.

The other way is for the parties to submit their differing parenting plans to the family division court and let the court decide what is in their children’s best interests.  In this scenario, the court will hold a hearing and allow both parties to explain why their parenting plan is in the best interests of the minor child(ren).  After listening to both parties, the court will then craft a parenting plan that it believes is in the children’s best interests.  This parenting plan becomes a final court order.

New Hampshire Child Support

The other major issue in NH divorces involving minor children, and NH parenting cases, is child support.  In New Hampshire, both parents are financially responsible for raising their child(ren).  Child support is the legal mechanism by which New Hampshire  insures that each party is complying with this obligation.

“A party who agrees on a child support amount without first consulting with a New Hampshire divorce and/or family law attorney almost invariably pays too much or receives too little.”

It is difficult to offer a summary or generalization as to how child support “works” in New Hampshire, or the likely amount of a New Hampshire child support award.  This area of the law is just too complex and the inquiry itself too fact sensitive.

Suffice it to say that the State of New Hampshire has promulgated the NH Child Support Guidelines.  Under these Guidelines, the monthly gross incomes of each party are added together, certain expenses are statutorily deducted, and a mathematical formula determines the amount of child support owed by each party.  The person paying child support is called the obligor, while the person receiving child support is the obligee.

Beyond that, how child support operates in your specific case depends entirely on the facts.  It is incorrect to assume the amount of child support determined by the mathematical formula is the “correct” amount of child support, as special circumstances may increase or decrease this amount.

Parties almost never agree on child support – who pays it and how much is owed.  Like NH parenting plan disputes, the parties can either resolve their differences informally, or ask the family division court to make the child support determination.

A party who agrees on a child support amount without first consulting with a New Hampshire divorce attorney and/or family law attorney almost invariably pays too much or receives too little.  Subjective notions of “fair” have little bearing on a correct calculation of child support in NH.

New Hampshire Divorce Lawyer and Family Law Attorney

Contact the divorce lawyers and family law attorneys  at the T.W. Stevens Law Firm.  We regularly achieve the best possible results for our clients in difficult NH child custody and NH child support cases.

New Hampshire Divorce and Federal Tax Dependency Exemptions

The question of which party in a New Hampshire divorce is entitled to claim the federal tax dependency exemption involves the interplay of state and federal law.

A divorce action, whether fault or no-fault, is governed by New Hampshire law and is brought in a NH Family Division court.  A divorce action is concluded by a divorce decree which often contains languague indicating which party is entitled to claim the federal dependency exemption in all years.

“A party’s failure to follow the Internal Revenue Code when claiming a tax dependency exemption could result in IRS fines, penalties and payment of back taxes.”

However, a party’s entitlement to the federal dependency exemption is governed by federal law; specifically, the Internal Revenue Code.  The Internal Revenue Code requires that the dependency exemption be calculated each tax year based upon the circumstances of the parties and dependents during that tax year.  New Hampshire state law is irrelevent to this analysis.

To make matters more confusing, a New Hampshire Family Division Court cannot allocate the federal dependency exemption in a manner inconsistent with the IRC.  In fact, it is unclear if a NH state court even has the power to award the federal dependency exemption at all.

The discussion above is obviously only the barest summary of the subtleties in this complex area of the law.  What is clear, however, is that you need an experienced New Hampshire divorce attorney who can maximize your chances of correctly receiving, and claiming, the federal dependency exemption each year.

Contact us today and we’ll do just that.

New Hampshire’s Best Divorce Lawyers and Attorneys

We are the best divorce lawyers and best divorce attorneys in New Hampshire. A bold statement and one repeated by a plethora of lawyers or attorneys seeking to attract clients.

But who is the best nh divorce lawyer or best divorce attorney in New Hampshire? The big firm lawyer? The sole practitioner? The attorney recommended by your friend or relative?

The truth is, the best New Hampshire divorce lawyer or best NH divorce attorney can’t be determined in the abstract.  A lawyer is not a college, a sports team, or a consumer product; something that can be measured by objective criteria.

Rather, the best divorce lawyer or best divorce attorney is the one that best suits your legal objectives.  So, what you really should be asking is “who is the best nh divorce attorney for me.”

Google can’t answer that.

It’s a subjective, not objective, inquiry that can only be answered by diligently interviewing divorce lawyers or attorneys and determining which one is most likely to achieve your legal objectives.

Talk is cheap. Your friend is not you. If you do the hard work of researching and interviewing lawyers you will find the best New Hampshire divorce lawyer for you.

Contact us and see how we measure up.

NH Divorce: Division of Business Assets in Divorce

With certain limited exceptions, your interest in a business – a corporation, an LLC, a partnership, or a sole proprietorship - is a marital asset and therefore subject to division in a NH divorce. The division of that business interest often presents even the most sophisticated divorce attorneys with challenging and complex issues of business valuation.

Successful representation in these cases requires more than a divorce lawyer with knowledge and experience in New Hampshire property distribution law; it requires an attorney who understands the various business valuation methods used, as well as the myriad ways that business interests are held and transferred.

“When a New Hampshire business owner goes through a divorce, the distribution of that spouse’s business interests often presents even the most sophisticated divorce attorneys with challenging and complex issues of business valuation and distribution.”

Further, experienced divorce attorneys know that just as business ownership issues can greatly impact a divorce, the divorce itself often impacts a business.  For example, a divorce involving a prominent shareholder can create uncertainty and stress for other shareholders and may affect the organization as a whole.

A skilled attorney who appreciates and understands such concerns is in the best position to guide the client through a fair valuation and distribution process with the least impact on this hard-earned asset.

We have helped business owners like you achieve the best possible outcome in divorce cases involving complex business interests.  Contact us for an initial consultation.