DIVORCE CASES
1. Contested Divorce
A person may choose to file for divorce individually. These types of Divorce Cases are called Contested Divorces.
2. Uncontested Divorce
If both parties are able to agree on the terms of their divorce then they may file in the appropriate Court together. These types of divorces are called Uncontested Divorce Cases.
Regardless of whether a Contested or Uncontested Divorce is filed the pleadings must contain a request for either a “No Fault Divorce” or alternatively, a “Fault Divorce”. The reasons for a “Fault Divorce” can and do vary from state to state. Therefore, individual state law(s) should be referred to for a comprehensive list of all fault grounds prior to deciding which type of divorce you and/or your spouse may wish to ultimately file.
CHILD CUSTODY & RELOCATION CASES
There are few things if anything which are more important than your children. As a result, it is important if possible for you and your child’s other parent to work out specific language regarding the major issues which concern your children instead of having a Court dictate what shall take place with your children. For example, where your children are going to attend school, what type of medical treatment they will receive and where they will receive it, what type if any medication they should take, what religion if any and how they will practice it as well as the amount of time which your children will spend with you as well as their other parent. With regard to the amount of time which your children may or may not spend with you and/or their other parent several questions should be addressed which include but are not limited to: where will your children sleep on a routine basis, on the weekends, during school vacation if they are in school, holidays and also during the summer. Although there is no correct answer to any of these questions what is important is to try and determine what is in your children’s best interest.
Sometimes when parents are not able to agree on issues concerning their children, either party may request or the Court on its own may appoint a Guardian Ad Litem which is often times referred to as a “GAL” to set forth recommendations which the Court will then look at prior to making its decision. After a GAL is appointed the firm usually will work closely with the GAL. The firm also works closely with other professionals concerning child related issues as they are needed throughout the case. Some of these professionals can and have included but are not limited to:
1. Parenting Coordinators;
2. Various school officials including individual teachers, guidance counselors and principals AND
3. Various mental health professionals including licensed social workers, psychologists, psychiatrists, neuropsychiatrists as well as other counselors
PATERNITY CASES
Paternity Cases generally address the rights and responsibilities of alleged Fathers. Although each state has different ways to determine the paternity of an alleged man as it relates to a specific child(ren), generally men can voluntarily acknowledge the paternity of a specific child. If paternity however, is not voluntarily acknowledged many states allow for DNA testing to be preformed in order to ascertain whether or not paternity truly exists with regard to a specific child(ren).
Once paternity is established the parties can either enter into an agreement or the Court can issue various orders concerning the child(ren). Although these orders can and do vary from state to state these orders can include but are not limited to the following: payment of child support, provision of visitation and/or parenting time, as well as the provision of health insurance and contribution towards the children’s expenses (i.e. extra-curricular activities and college expenses).
CHILD SUPPORT CASES
Regardless of whether the parents are separated, divorced or were never married, the law generally requires both parents to financially provide for their children’s upbringing except in rare circumstances. Many states use a statutory formula to establish a child support figure which is often referred to as the Child Support Guidelines. Although the Child Support Guidelines create a child support figure, there are several reasons why this figure can be changed. Some of these reasons why a parent may be permitted to change or deviate from the Child Support Guideline Figure may include:
1. Parents agree on another figure:
2. Parents have approximately equal parenting time with their child(ren) AND
3. One parent has high travel or other expenses which are incurred as a result of spending time with their child(ren)
For a complete list of all reasons why a parent may be able to change and/or deviate from the Child Support Guideline Figure please refer to your individual state’s Child Support Law(s).
CASES REGARDING THE ALLOCATION OF COLLEGE COSTS
Parents who are involved in Family Law Cases in Massachusetts may be ordered to contribute to their child’s post-secondary education costs. Although the Court has the ability to order one (1) or both parents to contribute to their child’s college education costs there are several factors which the Court will look at prior to issuing an Order.
Unlike Massachusetts however, New Hampshire Courts do not presently have the ability to order either parent to contribute to their child’s college education however, the parents can agree to specific terms regarding the payment of their child’s college education costs which can then be enforced by the Court against the non complying party/parties.
ALIMONY CASES
Although Alimony Laws can and do vary from state to state most states require the party requesting alimony which in some states is referred to as spousal support to prove the following:
1. They need financial assistance AND
2. The other party who is involved in the case has the ability to pay alimony/spousal support to the other party
Only after the party requesting alimony/spousal support has met the individual state requirements will the Court then look to various factors in determining the amount of alimony/spousal support to be paid. Although the factors can and do vary from state to state some of the factors which a Court might look at may include:
1. The length of the marriage;
2. The age and health of both parties;
3. The needs of the parties AND
4. The liabilities of the parties
Courts generally have broad discretion in determining the amount of alimony/spousal support to be paid and also the type and/or duration of alimony/spousal support to be paid which can and does vary from state to state as well.
PROPERTY DIVISION CASES
Many states including New Hampshire and Massachusetts provide for an equitable division of the marital property however, this does not necessarily mean an equal distribution of the marital property will be ordered by the Court. Prior to the Court issuing a final decision often time there are assets which need to be valued. When this issue arises the firm works closely with various professionals to obtain a value for these assets. Some of these professional include but are not limited to:
1. Real estate brokers and/or appraisers;
2. Accountants including Forensic Accountants AND
3. Actuaries
After the the marital property has been valued and if the parties are unable to reach an agreement themselves the Court can and often will look at several factors to determine the specific terms of the property division decision which can include but are not limited to the following:
1. The length/duration of the party’s marriage;
2. The age of each party AND
3. The opportunity for one or both parties to obtain future assets and income
For a complete list of those factors which a Court may look at prior to issuing a property division decision it is best to look at the specific state law.
After the property has been valued and awarded there are specific types of property which require further written procedures to be followed for the property to actually be transferred to the awarded party. For example, the transfer of real estate from one (1) owner to another generally requires a deed or the transfer of certain retirement assets either in whole or in part can require a Qualified Domestic Relations Orders which is known as a “QDRO” be drafted, then filed and approved by the appropriate Court prior to the actual transfer and/or division taking place.
CONTEMPT CASES and/or
ENFORCEMENT OF COURT ORDER(S) or JUDGMENT(S) CASES
If a party to a prior case is not following the terms of the agreement and/or judgment, an individual can ask the Court for assistance by way of filing a Contempt Action against the non-complying party. Some reasons why a Contempt Action may be filed with an appropriate Court may include but are not limited to:
1. Failure to pay child support timely or at all;
2. Failure to pay alimony/spousal support timely or at all;
3. Failure to follow the visitation schedule/parenting plan AND/OR
4. Failure to provide specific documents (i.e. life insurance information, authorization to claim minor child(ren) on personal income taxes, etc.) timely or at all
In certain instances a Court may order the non complying party to pay the other party’s attorney’s fees and costs associated with the Contempt Action.
MODIFICATION CASES
There may be a reason(s) why you want to change the terms of an agreement and/or judgment which has been approved by the Court. Parties can either agree to the specific change(s) themselves and then file the new agreement with the appropriate Court for its’ approval or if parties cannot agree on the specific change(s) one (1) or both of the parties may ask the Court for assistance by way of filing a Modification Action. Some reasons why a Modification Action may be filed may include but are not limited to the following circumstances:
1. One (1) or both parents have different working schedules than they did at the time of the existing agreement and/or judgment and therefore, would like to change the time which they currently spend with their children;
2. Either party’s income has changed (increased or decreased) since the existing agreement and/or judgment;
3. One (1) or both parents have remarried since the agreement and/or judgment AND/OR
4. Every three (3) years an existing Child Support Order may be re-evaluated by the Court