Family Law
Divorce and Legal Separation
In New Hampshire, a married person may file a petition for either divorce or legal separation. In such cases, the parties will address issues such as property division and alimony. If there are minor children from the marriage, the parties will also address parenting rights and child support. If the parties have a minor child but are not married, they may file a parenting petition in which only parenting rights and child support are addressed. Parties in a divorce, legal separation, or parenting case face issues that greatly impact their personal lives and those of their children, as well as their financial future. Attorney James Ball is an experienced lawyer who understands these issues and knows how to work with you to achieve a fair and just result for you and your loved ones.
Parenting / Child Custody
In New Hampshire, parenting issues are addressed by applying the "best interests of the child" standard. Once parenting issues are resolved, they are set forth in a document called a parenting plan. A parenting plan contains the schedule for each parent's time with the child along with a description of how parenting time will be allocated during holidays or vacations. A parenting plan also identifies the school system that the child will belong to, and it addresses other issues necessary to ensure that the child's best interests are taken into account. The determination of parental rights and responsibilities is the most important aspect of a divorce case for many parents. Attorney James Ball has the experience and skill to guide you through these issues so that you can come up with a parenting plan that works for you and your children.
Child Support
In New Hampshire, child support is determined through a formula known as the "child support guidelines." The income of each parent is used to arrive at a child support figure, and this figure is called the presumptive child support amount. While this presumptive amount is often the actual amount of child support that is paid, the parties have the right to argue for a higher or lower amount of child support, depending on the circumstances of a particular case. The goal of this process is to ensure that a child support order does not place an undue financial burden on either party. Attorney James Ball has represented parents on both sides of the child support equation and he understands how to assist you to reach a fair result.
Alimony
In New Hampshire, alimony is awarded when one party cannot meet his or her own financial needs, and the other party can meet his or her needs and also has the ability to assist the other party financially. The court must not only determine whether or not alimony is appropriate, but must also determine the appropriate amount of an alimony award and how long alimony should be paid. A number of factors go into these decisions, and it is important to understand how the factors are evaluated and applied. Attorney James Ball understands this process well, and he can advocate effectively on your behalf.
Property Division
Dividing marital property involves a series of steps. The first step is to identify marital property. Generally, marital property in New Hampshire includes all assets, real or personal, owned by either party to the marriage, regardless of whose name the property is in. This includes everything from a home or a business to retirement assets and money in a bank account. Once marital property is identified, the next step is to ascertain the value of each item of property. Finally, the property is divided between the parties. Generally, marital property is divided equally but there are exceptions to this rule, and the law in this area can be complex. Attorney James Ball has the knowledge and experience to advocate for a fair division of marital property.
Grandparents Rights
In New Hampshire, grandparents have a statutory right to petition the court for visitation of minor children. The right of a grandparent to seek visitation is limited to circumstances where the nuclear family is absent due to divorce, the death of a parent, a termination of parental rights, or some other cause. Courts consider a set of criteria to determine whether visitation is appropriate, including the nature of the relationship between the grandparent and the child, the nature of the relationship between the grandparent and the parent, and the best interests of the child. Attorney James Ball has the experience and skill to assist grandparents in seeking visitation rights.
Domestic Violence
In New Hampshire, a person who has been subjected to domestic violence may seek a civil protective order from the court. A protective order can prohibit the abuser from contacting or coming near the victim, and it can also address issues such as temporary custody of children and use of the marital home. Attorney James Ball has experience representing victims of domestic violence and can help you navigate this process and protect yourself and your family.
FAQ's
To schedule a consultation, call 603.528.2900 or email [email protected].