Divorce Attorney in Nashua NH
Attorney Annutto is a dedicated Divorce Attorney in Nashua NH, Hudson NH, Amherst NH, Merrimack NH and Bedford NH. He is highly experienced in all matters of Family Law including Child Custody, Alimony, Grandparents rights and more.
Divorce is a difficult time that involved emotions, finances and logistics which are often meshed into a tangled process confusing to everyone involved. Finding the right road to take in managing a divorce procedure is an important part of taking the steps needed to protect your rights.
Do I need a Divorce Attorney?
This is a question that many people deal with when they are deciding if they really want to bring in an attorney on such a personal matter. It is important for people to understand how important hiring a divorce attorney is to making sure your rights are protected during the process. This having been said it is often impossible for some to hire a divorce attorney.
For those that can not manage to hire a divorce attorney it is possible to manage the task yourself. This undertaking would require that the person understand the state laws relating to divorce, appropriately file the proper paperwork and follow through with that paperwork on deadlines as set by the state.
Benefits of Hiring a Divorce Attorney:
- Your divorce attorney will have up to date information on the laws surrounding divorce.
- Your divorce attorney will be able to act regarding the correct timelines concerning filing petitions and motions with the court.
- Your divorce attorney will use experience when approaching the many negotiation points such as child support, spousal support, child custody and division of property during a divorce proceeding
- Your divorce attorney will have knowledge of the local legal community including the judges and attorneys involved as well as the procedures in local court.
Divorce Laws
There are some basics to know about divorce laws in the State of New Hampshire. In order to file for divorce in the state the couple must be living in the state together and one of the couple must be considered a legal resident. The filing should occur in the county of residence of the couple. There are some basic grounds for divorce such as desertion for at least a year before the filing, impotency, cruelty or abuse by one of the couple, alcohol or drug addiction, one year of desertion before the filing, neglect by one spouse and failure to provide for the other spouse, one spouse being confined in a federal penitentiary or reformatory for five years or more.
A divorce may be granted by the Court even if one spouse opposes the divorce.
Property Division
One of the most controversial components of a divorce is the division of property. Determining who gets what can be a challenge for those who have shared property for a lifetime. The State of New Hampshire is considered to be an equitable distributions state and the division of property is typically affected by how long the marriage existed, how much each spouse earns and the how employable the spouse might be, the way the parties conducted themselves through the marriage, the ability for each party to make future acquisitions of similar assets and the current liabilities of each, and the contribution to the household both as a homemaker and as an income earning component throughout the marriage. In addition to these factors, the court will also consider the well being of the children involved and who they will remain with after marriage.
Domestic Violence
It is important to know that physical injury, rape, threats of violence as well as harassment whether in person or by the use of telephone or email is considered domestic violence.
In an effort to put a stop to further threats in some cases the victim can obtain a restraining order in the same day.
Our office can help you to protect your rights and help you manage this difficult time.
The Pros and Cons of Divorce Mediation
Although there are instances in the process of divorce when some couples find themselves in the throws of a court battle, many find that the issues can be resolved with mediation instead of litigation.
The process of mediation is the use of an experienced third party to act as a neutral buffer between the parties to work toward an agreement between the parties. Once this resolution is agreed upon the mediator will prepare a settlement agreement to be signed by the parties and submitted to the Court.
Although many people seem to have information about the process of mediation, much of the information they think they know is inaccurate. Below are some positive and negative points of entering into mediation:
PROS
- Decisions are made by the parties involved and not the Court
- Scheduling and the duration of the process is denoted by the parties involved and not the Court
- Since the process is faster it is less daunting emotionally on the parties and the financial cost is less than litigation
- The process is less rigid and more relaxed making it easier to focus on the resolutions that are needed
- The informality of the process and the voluntary nature gives a feeling of more control by the parties
- Mediation allows you to keep your personal marriage confidential
- The situation and resolutions are not dictated by the Court allowing for more creative solutions to take hold
- The rate of success with mediation is higher than the outcome arrived at during litigation
CONS
- The parties involved must be willing to participate in the mediation and willing to offer up appropriate financials
- The mediator is not able to offer legal advice but is there instead to provide a balance among the parties
- Not having the laws in place to protect the parties during mediation there is no guarantee the outcome will be fair for both parties
- Having a mediator that is not an attorney would could lead to issues needing resolution regarding the preparation and language contained in the agreement
- In some cases mediation is inappropriate such as those situations relating to domestic violence or in situations where one party could be hiding financial information
- For matters with urgency the mediation can not assist like a court can in providing fast temporary orders such as those regarding child custody and finances
At the Law Office of Joseph M. Annutto, our attorneys are also trained mediators. Accordingly, we have the ability to serve as legal counsel to a divorcing spouse or serve as a mediator for divorcing couples who want to try an alternative to litigation. With over 14 years of experience in family law, our attorney-mediators are familiar with the issues surrounding divorce and we are well versed in the legal terminology necessary to draft a settlement agreement that reflects the decisions of the Parties. If you and your spouse are interested in learning more about divorce mediation, please contact our office and set up a free consultation.
Family Division Rule 1.25-A
Mandatory Initial Self-Disclosure
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 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:
- Current Financial Affidavit, including monthly expense sheet
- 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-2’s, 1099’s, 1098’s, K-1s, Schedule C, Schedule E and any other schedules filed with the IRS.
- 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.
- 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.
- Documentation confirming the cost and status of enrollment of employer provided medical and dental coverage for:
- The party,
- The party’s spouse, and
- The party’s dependent child(ren).
- 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.
- 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, mile-age reimbursement, profit sharing, bonuses, commissions, membership dues, or any other payments to or on behalf of either party.
- 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).
- 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.
- 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.
- 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.
- Any written prenuptial or postnuptial agreements signed by the parties.
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369 Main Street Nashua,
New Hampshire 03060
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