New Hampshire Questions & Answers by Practice Area


New Hampshire Questions & Answers

Q: Can I immediately file for an annulment OR divorce in New Hampshire by moving there and/OR establishing residency there?

2 Answers | Asked in Child Custody, Divorce and Family Law for New Hampshire on
Answered on Aug 8, 2017

One of the following must apply to file for divorce in New Hampshire: 1) both parties live in New Hampshire, 2) the petitioner (the spouse starting the divorce action) has lived in New Hampshire for one year, or 3) the petitioner lives in New Hampshire and their spouse can be served with divorce papers in New Hampshire.
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Q: Someone trespassed (broke into) into my apartment and I have them on camera. What do I do to file a burglary charge?

1 Answer | Asked in Criminal Law for New Hampshire on
Answered on Aug 8, 2017

Go speak to your local police.
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Q: My daughter got charged with underage possession of alcohol in laconia NH what should she plead

1 Answer | Asked in DUI / DWI for New Hampshire on
Answered on Aug 3, 2017

Contact this lawyer to ask him: Ryan Russman, 603-772-3433. He has offices in several cities in New Hampshire.

There may be a diversion or some sort of deferral program that you can opt to take.
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Q: If I file for bankruptcy, what happens to my student loan debt?

3 Answers | Asked in Bankruptcy for New Hampshire on
Answered on Aug 2, 2017

IF your student loans are federal student loans, then they are not discharged. They will go into a deferment status for while in Bankruptcy. I warn you, if you do this, continue to make your student loan payments, even if deferment occurs, because if you do not, late fees, and interest continue to run and when you get out of Bankruptcy, they will be huge and unmanageable.
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Q: My husband is in need of surgery for a golf ball size tumor is being sent to Boston. We just found out about this tumor

1 Answer | Asked in Health Care Law and Medical Malpractice for New Hampshire on
Answered on Aug 2, 2017

Yes. You should certainly talk to an attorney. This is a possible case of medical malpractice, though of course a lot more investigation is necessary.
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Q: How soon after my accident do I need to contact my insurance company?

1 Answer | Asked in Car Accidents for New Hampshire on
Answered on Jul 13, 2017

Makes sense to involve them as soon as possible--however if you were hurt, contact a member of the NH Assn for Justice first--they give free consults and that way you can make sure you know your rights.
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Q: A website copies our content 100%, as is, with no compensation to us. Where can we sue them?

1 Answer | Asked in Copyright, Intellectual Property, International Law and Internet Law for New Hampshire on
Answered on Jul 5, 2017

It sounds like a very complex case, involving international copyright issues. You might consider asking yourself whether enforcement of your intellectual property rights will yield a net positive gain, because it sounds like a very expensive case to pursue legally, and may require a team of lawyers licensed in different countries. What kind of revenue are you losing to the putative infringer? Does the infringer have money to pay on a judgment?

However, there may be targeted, surgical...
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Q: sons phone caught fire in his pocket. Due to quick reaction he was not injured. Is there any conpensation in this

1 Answer | Asked in Products Liability for New Hampshire on
Answered on Jul 5, 2017

Other than requesting that your son receive a new phone that doesn't catch fire, there would not be any damages to claim.
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Q: Will I lose my workers comp case if I have surgery before it has been approved?

1 Answer | Asked in Personal Injury and Workers' Compensation for New Hampshire on
Answered on Jun 22, 2017

Don't see that you would but a serious injury like that with possible scar tissue in the future you should have an attorney who handles comp, and you should ask them. If you don't, look for a member of the NH Assn for Justice who handles comp--they give free consults.
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Q: My ex and i have a parentung plan with him to have her every other week during the summer. My wedding falls on a week he

1 Answer | Asked in Family Law for New Hampshire on
Answered on Jun 19, 2017

Violating the parenting plan, especially for a non-exigent matter, is never a good idea. Unless your wedding is right around the corner you can try consulting an attorney.
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Q: Can I take my child from new hampsher back to Missouri leaveing her drug out mom there is no costudy order sighned

2 Answers | Asked in Child Custody for New Hampshire on
Answered on Jun 15, 2017

You need to get a custody order in place.

Otherwise, when you leave for MO, she may file papers in NH and you may have to bring the kids back.
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Q: Can my car's title holder still repossess my vehicle if I've filed for bankruptcy?

2 Answers | Asked in Bankruptcy for New Hampshire on
Answered on Jun 5, 2017

If you file a Chapter 7 that will slow the process of repossession down because there is an automatic stay imposed which prevents creditors from collecting and in your case repossessing the vehicle temporarily. However, the lender will likely file a Motion to Lift the Automatic Stay and unless you object and can work out a deal with the lender to get caught up on the payments the automatic stay will be lifted and they can repossess the vehicle. If you file a Chapter 13 and put your arrears...
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Q: A self approved will written in the year 2012 New Hampshire does it need to be notarized to be legal or just signed by 2

1 Answer | Asked in Family Law and Estate Planning for New Hampshire on
Answered on May 31, 2017

Yes, in order for a Self-Proved Will to be valid in New Hampshire it must be notarized.

RSA 551:2-a Self-Proved Wills outlines the requirements:

I. To qualify as self-proved, the signatures of the testator and witnesses shall be followed by a sworn acknowledgment made before a notary public or justice of the peace or other official authorized to administer oaths in the place of execution, as follows:

The foregoing instrument was acknowledged before me this __________...
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Q: Will I need to renew my Indian Passport, before I apply for U.S. citizenship and during the citizenship interview?

1 Answer | Asked in Immigration Law and Native American Law for New Hampshire on
Answered on May 25, 2017

You won't need it to be unexpired if your green card is still valid. You will need an acceptable form of photo ID which is unexpired.
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Q: I started a video game news/blog site. Can I legally use screenshots and game images found online when writing on them?

1 Answer | Asked in Copyright, Intellectual Property and Trademark for New Hampshire on
Answered on May 21, 2017

To answer your question directly: No, it would not be legal to use screenshots and game images found online when writing for your video game news/blog site.

If you're going to repost screenshots of images created by video game publishers without their permission, you are opening up liability for a copyright infringement lawsuit. Depending on the use, you may have a fairly strong argument that your use qualifies as "fair use," however, fair use is a defense to a copyright infringement...
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Q: Seller will not sign release for return of Buyer deposit

1 Answer | Asked in Real Estate Law for New Hampshire on
Answered on May 13, 2017

If the seller won't voluntarily do what the contract requires him to do it may be necessary to start a lawsuit in order to "force" him to do what the contract requires him to do.
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Q: If I am at risk of being foreclosed on, will I go to court?

1 Answer | Asked in Foreclosure for New Hampshire on
Answered on May 2, 2017

New Hampshire has a "statutory power of sale" that most mortgagees utilize when foreclosing. This is non-judicial process which does not require the mortgagee to go to court for an order or judgment like most states have. However, there is a process whereby the party being foreclosed upon can go to court to seek a restraining order or injunction against the mortgagee to stop or delay the foreclosure but this is a choice the debtor makes if he or she has grounds to request such relief. And, of...
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Q: I owe the state of Florida Department of children and family an overpayment. Will filing Bankruptcy wipe out the debt?

1 Answer | Asked in Bankruptcy for New Hampshire on
Answered on May 2, 2017

I believe it is likely that this debt can be discharged by filing a bankruptcy petition unless the creditor can show fraud or misrepresentation under Section 523 of the Bankruptcy Code. Certain government benefits over payment, such as workers compensation or unemployment benefits, can be discharged by filing for bankruptcy protection because there is no specific provision for excepting them from discharge in Section 523. However, courts have ruled that such agencies can apply the principle of...
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Q: father died me+2 sibling beneficiaries assets in trust lawyer wants probate1 sister agrees 2 don't is probate necessary

1 Answer | Asked in Probate for New Hampshire on
Answered on Apr 26, 2017

This isn't really a matter of 'opinion' ... if there are assets that are in your father's name alone at the time he died, then probate is necessary. If a LAWSUIT in which the estate had an interest is ripe (wrongful death, etc.) then probate is necessary.

If there are absolutely NO assets in your dad's name or in the Estate's control, then probate is not necessary. You don't go into the specific facts needed to judge for sure, but I'd ask the attorney WHAT asset needs to be probated...
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Q: A car hit me from behind and then I slammed into the car in front of me

1 Answer | Asked in Car Accidents for New Hampshire on
Answered on Apr 24, 2017

The guy who hit you. Make that clear. Contact a member of the New Hampshire Assn for Justice--they give free consultations.
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