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I am going to file for divorce myself. I may hire a lawyer later. However, when do I have to move out of the home?

This is a tough question to answer without knowing more about your case. The status of the marital home varies from case to case and is different in New Hampshire than it is in Massachusetts. Is the home being sold? If so, by whom and when? Is your spouse keeping the home? Will there be a transfer of equity? If so, when and how much? Are you simply deeding your interest away? If you move out at the wrong time, it would negatively impact your case. Do not move out of the home until you have spoken to an attorney and know what is in your best interest.

Getting a Divorce Without Notifying the Spouse

The heading reads: "Man Got Divorced Without Ever Telling His Wife, Police Say".  (https://www.wmur.com/article/man-got-divorced-without-ever-telling-his-wife-police-say/29101534).  That title holds a lot of information.  Just reading the first part of the title,...

Surviving Divorce Through the Holidays

Happy Holidays! – even during divorce. ​“It’s the most wonderful time of the year!” During a divorce, or even after a divorce, the holidays can be a very difficult time of the year. Since the holidays are upon us, here are a few pointers to keep your kids happy, save...

5 Appeals Cases To Follow and Why

Although there are a number of high profile wrongful conviction cases in the news, they are still a small percentage of all convictions. The news media would like to have us believe that all police investigations are tainted and that all detectives are on the take...

When Children Take on Parenting: After Effects of Divorce

The son of recently divorced parents finds Mom crying in the kitchen.  "What's wrong, Mom?" he asks.  "Your Dad doesn't love me.  He has a  new girlfriend. How could he do that to us?"  The boy is angered and hurt.  He hugs his mother as she cries.  He consoles her in...

Can I Stop Him From Selling Our Home While Child Is Still in School?

Question: My husband moved out of our home two years ago and moved in with another woman. We have guardianship of my granddaughter who will be graduating from high school in 2018. she is going to be going to college after she graduates. My husband said that as soon as...

Can I Keep My Home

In the first part of this series, we discussed the marital home and what happens in a divorce to that home.  Click here for our last article- What Happens to the Family Home in a Divorce.  Continuing that series, we will start with the next question which involves...

Grandparent’s Rights in Massachusetts

The issue of visitation rights for grandparent’s rights is governed by Massachusetts G.L. c. 119, s. 39D. Grandparents may seek visitation, “grandparent’s rights,” through the Court with their “unmarried minor” grandchildren if: (1) the parents are divorced, married...

Topics You Should Discuss With Your Divorce Lawyer

Hiring a divorce lawyer is the first important step in a long list of your divorce. Once you retain a lawyer it is vitally important that you communicate openly and honestly with her.  She is there to to advocate for you to get the best solution for your situation. We...

Expectations after Divorce

           In a relationship, we have certain expectations of our spouse, our partner and perhaps the other parent to our children. Often, the other party will try to do what you’d like. But what happens when the relationship is no longer? Is it realistic to have the...

Kid’s Corner: The “Don’ts”

I’m not a therapist by any means, but I do have children of my own and I do help my clients deal with their children’s issues in the course of my representation during divorce or other family law cases. There are two important lists for kids. First is the “do’s” and...

How to Complete a Financial Statement

One of the biggest concerns in family court is the creation of a financial statement (or in New Hampshire, a financial affidavit). I see clients stress day after day about the information to include, the necessary documents and the mandated disclosure. Here are some...

Can I sign over or terminate my parental rights?

Often I have people call me to discuss “signing over their parental rights” in hopes that this will either 1) end the drama that happens when they visit with their child or 2) end their obligation to pay child support. This is a difficult question to answer in a...

Filing a Protective Order: Preparing to Leave

Filing a protective order is an extremely difficult decision.  It takes a toll physically and emotionally on a person.  After the filing, many decisions still have yet to be finalized.  This article is not intended to override your existing plans regarding self help;...

Myths of Divorce

If you are considering divorce or even in the middle of one, it's critical that you are receiving good advice.  Advice from family and friends may seem helpful but can lead you down the wrong path.  Tips from the bar around the corner are even worse and sometimes...

Blanchette: Case on Appeal

Recently the New Hampshire Supreme Court overturned the conviction of Ernest Justin Blanchette, a former deputy sheriff charged with sexual assault of an inmate during transport from the Belknap County jail to the state prison for women in Goffstown. This case shows...

Absent Parents: The Parent Who Used to be Absent

Absent parents is a topic that I see frequently in my practice. Here’s a perfect example: Mom was pregnant but dad wanted nothing to do with her, or the baby, during pregnancy and for a while thereafter. At some point, for whatever reason, the dad becomes interested...

Supervised Visitation: The Brad and Angelina Case

Brad and Angelina I’m sure you’ve seen recently that Brad and Angelina have made strides in settling their parenting agreement.  Angelina is maintaining primary custody of the children.  Brad will have “therapeutic visits” with the kids.   Basically, that amounts to...

Creating an Irrevocable Trust Can Save Your Loved Ones

The words "irrevocable trust" often seem intimidating to many of my clients.  However, when used properly, this can be an effective estate planning tool.   If designed properly, it can prevent an estate from staying tied up in probate for years.  It can help families...

Should I contact an Attorney about Divorce?

If you’re having trouble in your marriage, you feel overwhelmed.  You feel like it's going to get better, yet it never does.  Your friends and family may be unaware of the true depth of your situation.  Often this is when you may think: "should I contact an attorney...

Why Do I Need an Estate Plan?

Recall in our first article on estate planning that we introduced you to some general information question about estate planning.  Let’s start our series out now with a very basic question: Why do I need an estate plan? This is a very reasonable question! I think that...

New Hampshire: Child Impact Seminar – Updated Link

In New Hampshire, all parties to a divorce, or any case that surrounds parental rights, activities and/or responsibilities, must attend the Child Impact Program. This program is an educational program.  It is four hours long and discusses methods to help your child...

Just When We Thought He Was Beyond Reach

By now you may have heard that Bill Cosby was recently criminally charged by one of the women who claims that she was drugged and touched by him in the past.  The Commonwealth of Pennsylvania charged Bill Cosby today with aggravated indecent assault, sneaking the...

What is Sole Custody?

Often people come to me and want “sole custody” of their child.  What does this mean?  Is it often awarded?  Why? How can you convince the Court to award it to you?  Sole Legal Custody in MA:   In Massachusetts, the Court will award “legal” custody, which refers...

Quality Time With Kids

Children of divorced or separated parents have a bum rap.  There is just no other way to state it.  No matter what parents do, kids dream of having mom and dad together.  Behind the scenes this is not always the best solution for the children so what is the best plan...

Should I Use Software Law Rather than an Attorney?

When I was in law school, my brother gave me a box of software used for estate planning as a gift. He thought that since I was in my first year of law school, it would be a great way to analyze the documents that are used, learn about the process, etc. Though a very...

Who Gets the Engagement Ring?

The contemplation of marriage, instituted by the engagement of the parties, traditionally brings with it an engagement ring given from one to another.  Some have sentimental value:  engagement rings are handed down and are often heirlooms.  An engagement ring may have...

Parental Rights – Surrender vs. Termination in NH

Being a parent is one of the most wonderful gifts in the world.  As such, Courts are reluctant to come between a parent and a child.  However, there are times when the court will remove a parent's rights.  This is known as a termination of parental rights.  There are...

For my Massachusetts Divorce, do I need my marriage certificate?

In Massachusetts, when you file a Complaint for Divorce, you must also file a certified copy of your marriage certificate. You may want to keep your copy or you may not have it. So, how do you get one? This is an easy issue to resolve. Contact the city hall in the...

Who wants a Life Estate?

I am sure that you’ve all heard the recent news that Hugh Hefner put the Playboy Mansion up for sale.  For a mere $200 mill, you can purchase the mansion and call it your own – with one catch!  Hugh will live out the remainder of his life at the mansion before you can...

Letting Go After Your Divorce

Divorce can be devastating even when both parties agree. Letting go after your divorce is difficult at best.  It's an emotional roller coaster, particularly when children are involved.  Sometimes, one party has been the "fixer" in the relationship; the one who has...

Convicted of OUI May Get New Trial

If you follow our blogs or the local news, you may have read about an issue involving the breathalyzers used in Massachusetts for the detection of alcohol. The Draeger Alcotest 9510 is being challenged by defense attorneys, alleging that the results may be inaccurate...

My best divorce advice: Don’t listen to your family & friends!

Sounds silly, right? It’s the best divorce advice that any attorney can give is don't listen to your family & friends. Your family and friends always want what’s best for you. They are there to love and support you. You look to them for help and guidance. When you...

Making an Appeal in Massachusetts

Update: In recent news, Avery's attorneys have submitted a number of appeals documents.  Several of these have been denied, however it appears one or more of these are still winding their ways up through the Appeals Courts.  Brandan Dassey, however, may have exhausted...

I Want Her Out Now!

I want him/her out - now! When a married couple agrees to divorce, it signals the end of the union. However, it is easy to recognize that there are still many unanswered questions. I am often  asked this question by one of the parties: "We have already agreed the...

​ Can you get a restraining order on behalf of your child?

​As a parent it is our number one job to protect our children. In today's world, with all of the technology, there are more ways than ever for a child to be targeted. Children can be targeted by their own peers, by adults pretending to be other children or by...

What Happens If a Spouse Dies During Divorce

Over the past few days, we’ve seen a “celebrated” story that reminds me of a topic that arises every so often within my practice.  Have you seen the stories about Lamar Odom fighting for his life after being found unresponsive earlier this week?  The media reports...

New Hampshire Law: Alimony

       Alimony is always hot topic in matters of divorce. Not everyone understands on what basis it is determined and if awarded, how the amount and length of the award is determined.        In New Hampshire, the mystery...

What Does Child Support Cover? Part I

Paying child support is a double-edged sword.  Parents are court ordered to pay but have little, or no, say-so on how it is spent day to day.  There are some court mandated requirements governing child support and because I receive many inquires about it, this is part...

Massachusetts: The Annie Dookhan Drug Lab Scandal

Update: if you have not watched Netflix’s “How to Fix a Drug Scandal”, we recommend you do so. It discusses this case and the Sonja Farak case.  If you feel you have been impacted by either of these, please contact us. By now I am sure that a lot of you have heard of...

Wait! We Didn’t Mean to Divorce! Can’t We Get a Do-Over?

During the month of December, the New Hampshire Supreme Court upheld a lower Court’s decision that a couple cannot “un-divorce,” or “vacate” their divorce, by joint motion to the Court. In this particular case, a couple that had divorced after 24 years of marriage...

Is Sexting Cheating?

Some say it's harmless; just flirting and having fun.  Others say it's much more than that - it's a form of cheating whether there is physical contact or not.  While the term "sexting" is certainly not new, it has been in the media more in recent weeks, both with the...

Massachusetts Divorce: “What’s this going to cost me?”

   Whether you’re the husband or the wife, the bread winner or the stay-at-home parent, cost is typically a factor in consideration of a divorce. At some point during every consultation, a person turns to me and says “So, what’s this going to cost me?” My response is...

Can I be arrested for a warrant in Massachusetts if I go to the local DMV in Massachusetts?

Q:  Can I be arrested for a misdemeanor warrant in Massachusetts if I go to the local DMV in Massachusetts? If there is a warrant, you can be arrested at any time. They don't specifically have people standing by to take you into custody at the DMV, but certainly, law...

Fight For Your Right – For Child Support

I get calls from clients on a regular basis who ask me if they should "go after" child support.  Some clients are preparing for a divorce, some are previously divorced and others are parents who were never married.  There are a couple of things to point out here. If...

Children and Divorce: It’s Me or Her!

Moving on after a divorce by pursuing  a new relationship can be difficult for the children of the previous marriage.  While the parents may be ready, even eager, to move on and engage in new relationships, a child can only see how the breakup of the marriage affects...

Parenting During COVID-19

How do I handle parenting time during COVID-19 and a stay-at-home mandate? The world is abuzz amidst COVID-19 and daily life seems to have changed for most of us. In fact, it's continuing to change on a regular basis.  This is a new situation - one that we have never...

Can I have an attorney for mediation?

    Often I have people consult my office that either want to or have agreed to attend mediation (through a court process or otherwise). They tell me that they can “work it all out” or that they “don’t want to argue.” Often people tell me that they...

What Does Full Disclosure Mean for My Divorce?

Each litigant involved in a paternity or divorce action is required to complete and submit a form to the Court, and the opposing party, must provide “full disclosure" of your financial information.  In Massachusetts it is known as a financial statement.  In New...

Protecting Your Children From Sexual Predators – Part III

In our last two related posts, we wrote about ways you can take precautions to protect your child from sexual predators who are related to the child - either by blood or marriage or are acquaintances to you or your child.  In this third and final article of this three...

Protecting Your Children From Sexual Predators – Part II

In our last post, we wrote about ways you can take precautions to protect your child from sexual predators who are related to the child - either by blood or marriage.  In the second article of this three part series, we will discuss protecting your children from...

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If I signed my parental rights away can I get them back?

I often get questions from overwhelmed parents who feel that, for one reason or another, it would be in the...

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