Best Family Lawyers in New Hampshire

About Family Law in New Hampshire, United States

Family law in New Hampshire covers a wide range of legal matters involving relationships and family members. This area of law governs issues such as marriage, divorce, child custody, child and spousal support, adoption, guardianship, domestic violence, and legal separation. Whether you are seeking to dissolve a marriage, arrange visitation rights, or handle adoption proceedings, family law sets out the legal framework and procedures for resolving such matters.

Why You May Need a Lawyer

While some family matters can be resolved without legal help, many situations benefit greatly from the advice of an experienced attorney. You may need a lawyer for any of the following circumstances:

• Divorce or legal separation, especially when property, finances, or children are involved
• Child custody or visitation disputes
• Establishing, modifying, or enforcing child support and alimony arrangements
• Paternity actions or parental rights cases
• Adoption and guardianship proceedings
• Protection from abuse or restraining orders due to domestic violence
• Enforcement of divorce decrees or other family law court orders
• Legal name changes

A lawyer can help you understand your rights, navigate complex paperwork, represent you in court, and safeguard your interests and those of your loved ones.

Local Laws Overview

New Hampshire’s family law statutes are found mainly in Title XLIII of the New Hampshire Revised Statutes Annotated (RSA). Some key points specific to New Hampshire include:

• New Hampshire is a “no-fault” divorce state, meaning you do not necessarily need to prove wrongdoing to obtain a divorce
• Child custody decisions are based on the “best interests of the child” standard
• Both parents are expected to provide financial support for their children, with child support guidelines set by state law
• Spousal support, also known as alimony, may be awarded based on a variety of factors such as the length of the marriage, each party’s income, and future earning capacity
• Property division in divorce generally follows “equitable distribution,” not automatic 50/50 splits
• Adoption and guardianship follow specific processes, often involving background checks, home studies, and court approval
• There are protections in place for victims of domestic violence, including orders of protection and emergency relief

Understanding these laws and how they apply to your unique situation can be challenging without legal guidance, especially when emotions and stakes are high.

Frequently Asked Questions

What are the grounds for divorce in New Hampshire?

New Hampshire allows both “no-fault” divorces based on irreconcilable differences and “fault” divorces based on specific grounds such as adultery, cruelty, or abandonment. Most divorces proceed as no-fault.

How is child custody decided?

Courts in New Hampshire look at the best interests of the child, considering factors like each parent’s relationship with the child, the child’s needs, stability, and any history of abuse or neglect.

How is child support calculated?

Child support is determined using state guidelines that consider both parents’ incomes, the number of children, healthcare costs, childcare expenses, and other relevant factors.

Can grandparents get visitation rights?

Yes, grandparents in New Hampshire may seek visitation rights in certain circumstances, especially if a parent is deceased or divorce has affected the grandparent-grandchild relationship.

What is equitable distribution of property?

In New Hampshire, marital property is divided fairly but not necessarily equally. Courts look at various factors, including the length of the marriage and contributions by each spouse.

Can I get a restraining order for domestic violence?

Yes, New Hampshire courts provide protection orders for victims of domestic violence, which can include staying away from the victim, temporary custody, or support arrangements.

How does adoption work in New Hampshire?

Adoption typically involves background checks, court hearings, and evaluations of the best interests of the child. Consent from biological parents may be required unless rights have been terminated.

Can child support be modified?

Child support orders can be modified if there is a substantial change in circumstances, such as a significant change in income or the needs of the child.

How long does a divorce take?

The time to finalize a divorce varies widely, depending on the complexity of issues and whether the parties reach agreement. Uncontested divorces may be resolved in a few months, while contested cases can take much longer.

Do I have to appear in court for family law matters?

Some matters, such as uncontested divorces or adjustments, may be resolved through paperwork. However, disputes over custody, support, or property typically require court appearances.

Additional Resources

If you need further information or assistance, the following resources in New Hampshire can be helpful:

• New Hampshire Judicial Branch Family Division - Manages family law cases including divorce, custody, and adoption
• New Hampshire Bar Association - Provides lawyer referrals and educational resources
• New Hampshire Legal Assistance - Offers free or low-cost legal aid to eligible individuals
• New Hampshire Department of Health and Human Services - Offers support services related to child support and families
• Coalition Against Domestic and Sexual Violence - Supports victims of domestic violence and helps with legal protections

Next Steps

If you believe you need legal assistance with a family law matter in New Hampshire, consider the following steps:

• Gather all relevant documentation, such as marriage certificates, financial statements, and previous court orders
• Identify your goals and concerns, whether related to children, property, or safety
• Contact a qualified family law attorney for a consultation to discuss your situation and learn your options
• Make use of available local legal aid organizations if cost is a concern
• Stay informed and organized throughout the process, keeping records of all communications and filings

Family law issues are often emotional and complex, but knowing your rights and the steps involved can help you move forward with confidence. Seeking professional legal advice tailored to your circumstances is often the best way to protect your interests and achieve the best possible outcome for you and your family.