Divorce Law in Nashua, NH
Divorce is not just a legal proceeding. It is a life-altering event that demands a strategic approach to protect your interests.
The complexities of divorce law in Nashua can be as winding and unpredictable as the Merrimack River. From asset division to child custody, each facet carries its challenges. Having a knowledgeable can mean the difference between a bright or a settlement that leaves you adrift.
Secure your future and embark on a new beginning with us today. Consider how state law may apply to your situation and ask us for a referral.
Issues Involved in Nashua, New Hampshire Divorce Law
There are many complicated issues that you need to settle during the divorce process. Many of these elicit strong emotions from one party or the other, resulting in volatility.
One of the most challenging issues in the divorce law process is dividing property, debts, and assets. In many states, like New Hampshire, anything you and your spouse purchased over your marriage is subject to division. This includes things such as real estate, bank accounts, cars, stocks, etc. Some states split marital property evenly, while others go along an equitable split. In the latter, the judge weighs the contribution each spouse made to the marriage and uses that information to decide the disposition of property, which may not equate to a perfect 50/50 division of your property, debt, and other assets..
Both parents are responsible for paying for the care of their children. There is a child support guideline that helps determine how much each parent should contribute based on their income and the amount of time they spend with the children. Child support pays for things such as healthcare, food, clothing and other basic needs.
New Hampshire follows many states using the Income Shares Model for child support payments. It considers the gross income for parents in Nashua along with health care or education costs. This formula exists to meet the child’s needs based on the ability to pay.
Alimony, or spousal support, can vary dramatically depending on the marriage, and Nashua, NH divorce law court looks at multiple factors when determining the amount and length of alimony, including:
- A spouse’s need and the other spouse’s ability to pay
- The age and health of each spouse
- The length of the marriage
- Each spouse’s earning capacity and level of education
- The division of property
- Parental responsibility of the children
- Sole investments and assets of either spouse
New Hampshire law allows for several types of alimony. First, there is temporary alimony, which lasts during the divorce. There is also rehabilitative spousal support to get someone in Nashua self-sufficient. The most substantial financial commitments are permanent and reimbursement. The former lasts as long as the former spouse is alive. The latter pays for economic or educational contributions during the marriage.
Child Custody and Visitation
Child custody is perhaps the most emotional issue during a divorce that involves children. The most important thing to keep in mind is that the court bases all decisions on what is in the best interest of the child. Keeping this in mind may help navigate the rough waters of custody.
New Hampshire statutes define the best interests of the child as the primary consideration for custody and visitation. Their safety, emotional, and developmental needs are paramount. The court may also consider their adjustment to their school and community in Nashua.
Generally, Nashua, New Hampshire courts award joint legal custody giving both parents the legal right to make decisions for the children, such as education, medical care and religious practices. Legal custody has nothing to do with physical custody or visitation. Joint custody does not mean both parents split time with the child evenly, just as Sole legal custody does not bar the non-custodial parent from visiting the child.
The Process of Going Through Divorce Law in Nashua, New Hampshire
Are you leaning towards getting a divorce from your partner? If so, it is important to understand the necessary steps of the divorce law process.
Step 1: File the Divorce Law Petition
The divorce law process begins when one spouse files a legal petition to terminate the marriage. The petition must include:
- A legal reason for divorce (grounds for divorce)
- A statement that shows at least one spouse meets the state’s residency requirements for divorce
- Other statutory information your state requires
Most states offer the option for filing a no-fault divorce, which does not require a legal reason for the divorce.
New Hampshire does recognize no-fault divorces. The most common ground for a no-fault divorce in Nashua is “irreconcilable differences.”
Step 2: Request Temporary Orders
The divorce law process in Nashua can take several months, but temporary orders can be requested and approved for a multitude of reasons, including:
- Child custody
- Child support
- Spousal support
- Property restraining orders
- Status quo orders
Request temporary orders as quickly as possible so you are not absent the resources or protection that you need.
Step 3: Serve Your Spouse and Wait for Their Response
If you are the one who files a divorce petition, you must have your spouse served with their divorce law papers and then file a proof of service with the courts. If your spouse accepts the service, then they need to fill out an affidavit to that effect. However, in many cases, the petitioner must hire a process server or sheriff to formally serve the petition on the other spouse. It is this third party who then records the proof of service.
Step 4: Try To Come to an Agreement
The best outcome for anyone going through this process is to have an uncontested divorce, meaning both spouses agree on all issues.
This can be reached between both partners or with the help of a mediator. Not only will this save each spouse money, but there will typically be a lot less animosity.
Step 5: Go To Court
If you and your spouse are unable to reach an agreement, then the case continues before a Nashua, NH judge. While there is some benefit to having a judge hand down orders, it may also be a detriment as there is little to no control of the agreement by the parties.
Divorce cases from Nashua go through the Hillsborough County Superior Court – Southern District. This court has jurisdiction over family law cases, including divorce, in Nashua.
Step 6: Receive the Judgement of Divorce
The divorce law trial will end with the official judgment of divorce, ending the marriage. This final dissolution of marriage sets out the details about property and debt division, child custody and all relevant issues between the couple.
Work With an Experienced Nashua, New Hampshire Divorce Law Attorney
If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Nashua divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across New Hampshire state lines.