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New Hampshire Divorce Questions & Answers
1 Answer | Asked in Divorce for New Hampshire on
Q: Married in NH and about to file for divorce. Husband is expecting a large payout settlement from state of MA as well

filing for disability retirement. A large 20+ year pension is also being negotiated. He has been making threats to me that I wont get a penny of the settlement or retirement yet we have been married 16 years, together 29, and are married with 3 children. 2 questions: Will I get a portion of his... Read more »

Ora Schwartzberg
Ora Schwartzberg answered on Mar 25, 2020

Yes you will get a portion of the value if the divorce action is brought in NH. You should speak with an attorney so that you can explain exactly where your husband is in the process. Also you should bring any written documentation regarding the pension negotiations and disability.

Do you...
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1 Answer | Asked in Divorce for New Hampshire on
Q: divorced 6 years, ex lives in house I do not my name is on deed but not mortgage now demanding me to pay

the tax money. we have a divorce decree can he do this?

Joshua H. Bearce
Joshua H. Bearce answered on Dec 15, 2018

This answer to this question depends on the terms of your Divorce Decree. If your Decree states that he is solely responsible for these expenses, then he cannot force you to contribute. In contrast, if the Decree states that you are required to make some contribution to those expenses, then he... Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for New Hampshire on
Q: Is it OK for my GAL to forward our private email's to the opposing counsel without my permission?

I was having a back and forth email conversation with my GAL. In the emails I was discussing a proposed parenting plan that I have been working on. My GAL decided to forward our conversation, including the draft of my parenting plan to the opposing counsel, stating that "the other counsel... Read more »

Joseph Caulfield
Joseph Caulfield answered on May 1, 2018

Unless you've agreed to something else in the GAL Stipulation, the GAL's file is open to both parties, meaning everything can be obtained.

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1 Answer | Asked in Divorce and Family Law for New Hampshire on
Q: Can I allow part of a mediation agreement without it being filed?

My husband requested a special visit with his daughter as part of our mediation agreement. Typically, we are allowed to schedule our own visits so it wasn't necessary, but he and his attorney did. The mediation agreement has not been filed (due to my seeking legal counsel and his counsel... Read more »

Joseph Caulfield
Joseph Caulfield answered on Apr 4, 2018

Of course.

1 Answer | Asked in Divorce for New Hampshire on
Q: I received a complaint for divorce. Is my husband required to pay for my attorney if I have no money?

I was served the complaint without the delivery service verifying my identity or getting a signature. Complaint states I have 20 days to respond but the attorneys office stated I have 30 days. The attorney has not returned my calls. I live in New Hampshire, my husband is a resident of Wyoming, we... Read more »

Israel Piedra
Israel Piedra answered on Mar 6, 2018


1 Answer | Asked in Divorce for New Hampshire on
Q: Wife and kids moved in March to MA kids finished school in NH till the end of June. Where were they considered residents

She is claiming they have the 6 months needed residence for the kids for her to try to have the divorce moved to MA. Are they considered NH residents still while they still went to school in NH? I filed in October for the divorce.

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Dec 8, 2017

The children's residence will most likely be determined to be where they live not where they attend school. March was quite some time ago so it really will depend on where they resided for all that time. I wonder if the school has the children's address listed in Mass or NH? Be careful... Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for New Hampshire on
Q: Can I immediately file for an annulment OR divorce in New Hampshire by moving there and/OR establishing residency there?

Also if you have dual residency how would that affect UCCJEA?? My "spouse" claims he'll agree to a jurisdiction waiver.... We've been seperated well over 2 years. I want this done and over with ASAP!!

Thank you tremendously for any information or feedback! It's greatly appreciated!!

Israel Piedra
Israel Piedra 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... Read more »

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1 Answer | Asked in Child Custody and Divorce for New Hampshire on
Q: Hello, Divorce agreement says I can not take kids out of school. They Irish Dance. Ex signed them up during school hours

If we both agree to this, can I take them out of school to go? Can I get in trouble for it? Bad, bad breakup with a violently abusive wife who turned it on me when I told her I was leaving and had me taken away from family for over a year. Finally received 50% custody 3 years ago. Kids Irish dance... Read more »

Joseph D Garrison
Joseph D Garrison answered on Apr 1, 2017

If you both agree then that's fine. You should have your ex confirm that it is OK in writing (text or email) so you have a record of it.

1 Answer | Asked in Divorce for New Hampshire on
Q: How can I estimate how much of a settlement I might get in my divorce ?

I have been married for 33 years, but have lived separately from one another for the past 19 years.

Israel Piedra
Israel Piedra answered on Jul 5, 2016

It's impossible to estimate, but you can learn about what factors the court will consider. My firm recently did a blog post on this subject. Read more here:

1 Answer | Asked in Divorce for New Hampshire on
Q: Is there anyone in NH that can interpret RSA 458:26 1 as to the word "might" ?

am stuck on the word "might" because in this particular case, neither party can divorce except when adultery has been committed or either party denounces their same faith. None of the above-mentioned circumstances exist. So with this thought in mind neither party could attest that a... Read more »

Israel Piedra
Israel Piedra answered on May 26, 2016

I'm a little confused about what you're asking. You say "neither party can divorce" except for those situations, but I assume that's a religious limitation, not a legal one. That would have no effect on interpretation of the statute.

1 Answer | Asked in Divorce for New Hampshire on
Q: I received a action for divorce summons. Do I send my answer to the Plaintiffs Attorney or to the court?

The venue for this case is in NEW York. However, I live in NH

Israel Piedra
Israel Piedra answered on May 23, 2016

Most likely both. But you should ask in the NY Justia section or check the court rules.

1 Answer | Asked in Divorce and Family Law for New Hampshire on
Q: I'm seeking to divorce my spouse. About 2 years ago we purchased a home. Loan is in my name but they're on the deed too.

I don't want the house--I want to be free and clear of it. What are my options? Can an attorney help me with this and my divorce? My spouse can be quite adversarial so would want to work through an attorney if possible.

Israel Piedra
Israel Piedra answered on Apr 15, 2016


If your spouse is adversarial, make sure you seek a family law attorney. If you're in the Nashua area, please email me for more information.


1 Answer | Asked in Divorce for New Hampshire on
Q: I need representation for a divorce, my husband filed. What are my options. I have no money up front.
Israel Piedra
Israel Piedra answered on Mar 28, 2016

You may qualify for legal aid. Read more here:

1 Answer | Asked in Criminal Law and Divorce for New Hampshire on
Q: My wife and I separated, she moved to another state and we had a parenting / divorce plan signed by us both and filed

with the court, although to my knowledge it hasn't been signed by the court yet. She showed up at my house late at night intoxicated (drove herself) with our daughter sleeping upstairs, grabbed her wedding dress & set it on fire in the backyard then assaulted me and my brother. She was... Read more »

Israel Piedra
Israel Piedra answered on Feb 22, 2016

It sounds like a very fact-specific situation. What exactly is your question? Child abuse is a criminal charge which would be determined by the police.

If you're wondering how these events could affect child custody, you should speak to a family law attorney. Such an event could...
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