Andrew J Harmon Attorney at Law

A partial answer might be revealed in a couple statements I have made before to both sides of cases, such as “you guys stink at being married to each other and you stink at getting divorced,” and even, “you’re so angry that you both want a divorce, now, and that anger is the only think keeping you married,” i.e., your anger is the only thing preventing you from getting divorced. (In the latter instance, it was my first day on a case after there had been multiple lawyers for both sides – we reached an agreement that day.)

New Hampshire law replaced custody terminology and the former approach to resolving such matters with an approach based on parenting rights and responsibilities. A lengthy parenting plan is required in all such matters. Significantly, a parenting plan (like a prior custody order) often will govern for many years before children reach adulthood. Great care is needed at this stage, because the general considerations used in determining what might be in the best interest of children are not the same if a party attempts to change a parenting plan later on.

These are avenues of getting the Court’s help long before the Court could accommodate a final hearing. An ex parte proceeding (one where the other side eight not even be present) is for true emergencies (some examples involve danger to the welfare of children and other situations where time truly does not allow for ordinary procedures.) In contrast, a temporary hearing is an early opportunity for the Court to intervene and provide the temporary “rules of the road” in the form of court orders, but all parties will be allowed a meaningful opportunity to prepare and present their requests and arguments.

Alimony is available in the State of New Hampshire where appropriate taking into account the numerous factors identified in RSA 458:19, including need, ability to pay, length of the marriage, etc. A thorough understanding of the parties’ financial circumstances and the history of the marriage is required to reach an informed legal conclusion regarding alimony.

A First Appearance is a required hearing in family law matters. The court uses this time to state some expectations it will have for the parties while making clear that the Court cannot give legal advice. The Court also will use this opportunity to schedule mediation unless there is a valid basis to bypass mediation.If a party is not accompanied by an attorney, he or she should bring a notepad to list questions that will arise so that counsel can explain matters later. A party also should arrive with a list of dates that are good (or those that are not good) for mediation.