Below are some FAQs regarding family law legal matters in the state of New Hampshire. These general responses are just a starting point and should not be considered as a substitute for direct legal counsel.

Q: When and why would I need a family law attorney to represent me?

A: A family law attorney concentrates his or her practice on issues that arise in divorce, custody, child support, and other domestic relations matters. Therefore, the attorney can assist and advise you as to your rights and obligations as well as to strategies to pursue in the legal proceeding.

Q: How long does a divorce take to complete from start to finish?

A: This depends upon the complexity of the case and the extent to which the parties are able to reach agreement on the issues involved in their divorce. Typically, divorces in which custody and/or the division of the parties' assets are at issue take longer to resolve, perhaps between one to two years. Generally, the more the parties can reach agreement on issues, the shorter the divorce process, perhaps as short as a few months.

Q: Does the court always decide the issues in a divorce or can the parties reach a resolution between themselves?

 A: The court generally encourages parties to try to resolve the issues themselves, which provides them with more control over the outcome of their divorce. If the parties reach agreement, it is then formatted into a standard agreement acceptable to the court and becomes part of the Final Divorce Decree.
   
Q: What are the issues that need to be addressed in a Final Divorce Decree?
 
A: There are about twenty different issues, more or less depending upon the case. These issues include grounds for divorce, custody, child support, alimony, and division of property (for example, real estate, financial accounts, investments, retirement plans and accounts, vehicles, and furniture).

Q: What is the difference between a divorce granted on the grounds of irreconcilable differences and one granted on fault grounds?

A: Irreconcilable differences or no-fault means that the divorce is granted because the parties no longer get along and have differences that cannot be resolved. Fault grounds means that the conduct of a party caused the marriage to break down. Examples of fault grounds are adultery, habitual drunkenness, emotional abuse, and physical abuse.

Q: In a divorce, does the court always divide the parties' property between them 50/50?

A: No. The presumption is that an equal division of the marital property is fair. However, often the court orders or the parties agree upon an unequal division, for example 55/45.  Some of the factors the court considers in making an unequal division are the length of the marriage, the ages of the parties, and the ability of each party to earn income and accumulate assets in the future.

Q: Is it true there are no alimony awards in New Hampshire?
 
A: No. Alimony or spousal support can be ordered by the court, whether for the benefit of a wife or a husband. The amount of support or length of time support is to be paid depends on many factors, including the length of the marriage, the ages of the parties, and the ability of each party to earn income and accumulate assets in the future.

Q: Can retirement plans be divided between the parties in a divorce?
 
A: Yes. Most plans like 401(k)'s, profit sharing plans, and pensions can be divided at the end of a divorce by a document called a Qualified Domestic Relations Order ("QDRO"), so that an interest in the plan can be transferred to the other spouse without adverse tax consequences.

Q: How is the amount of child support determined?

A: This is generally a mathematical calculation based upon both parents' gross monthly income and based upon Child Support Guidelines issued each year by the State of New Hampshire.

Q: If both parties agree that one parent should not pay child support, will the court approve an agreement like this?
         
A: Generally no, although there are some cases in which the court permits very low child support to be paid. The reason that courts do not favor agreements waiving child support is that such support is considered the child's right, and it therefore cannot be bargained away.

Q: Does the amount of child support ordered ever change?

A: Child support can be modified every three years. Also, child support can be modified if there is a substantial change in circumstances, for example if there is a loss of employment or a substantial increase in income.

Q: Will I be obligated to pay for my child's college educational expenses?

A: If you get divorced, the court cannot require you to contribute to your child's post-secondary educational expenses.