What Is Family Law in Manchester?
Family law is a broad legal term that covers a wide range of issues relating to marriage, children and domestic relations. A family law attorney can handle almost any legal matter related to the family, but there are three major areas of focus: divorce, child support and child custody. The court system varies from state to state, so a local family law attorney will provide you with the most accurate information for your specific situation. Below are some general guidelines for how New Hampshire treats family law matters, specifically in Manchester, NH.
Two parties may dissolve their marriage by filing a petition with the Court. This simple act starts a lengthy process of negotiation and court appearances. Unless the parties have no joint property, children or financial issues, it is rare for a divorce to be final in under six months. The divorce process often takes over a year as the Court requires numerous hearings to keep the parties on track towards a final resolution . While some divorce cases are quite combative, many divorcing parties are able to reach a mutually acceptable settlement relatively quickly.
The basic purpose of child support is to provide a way for parents to contribute to the care and upbringing of their children. Child support is determined by looking at the income of both parents together with the number of overnight visits each parent has. Even after divorcing, both parents are expected to provide for their child’s needs as if they were still living together.
Having legal custody does not require the child live with that parent a specified number of days. The Court’s focus in custodial matters is what is in the best interest of a child. In most cases, an award of joint legal custody is ideal as this allows both parents to have involvement in the decision making process. An award of tender years custody is the focus of New Hampshire and is more common with younger children. The Court will generally award full physical custody to the parent of a child under the age of three and to provide the non-custodial parent with visitations.
How to Pick a Family Lawyer
When choosing a family law attorney in Manchester, it is important to consider a few factors. First and foremost, you will want an attorney who is experienced in the area of family law, such as divorce, child custody, alimony/spousal support, child support, division of property, and domestic violence. You do not want an attorney that dabbles in family law on the side but rather, an attorney that handles family law cases on a full-time basis and knows the law inside-out and back-to-front, and vice-versa.
It is also important to hire a lawyer that specializes in family law and has a deep understanding of the laws that govern divorce and family law in the state of New Hampshire. Yes, you have to go by the statutory law in the enforceable world, but it is sometimes helpful to have an attorney that also has a background in social sciences or psychology because sometimes there are some psychological issues involved in the case that need to be addressed to avoid future problems.
Finally, it is always a good idea to hire a lawyer who has a strong working relationship with the judges of the court where the case is being litigated. In Manchester, New Hampshire, the Family Division Court has jurisdiction over family law matters. The judges of the Family Division are: Judge Martin D. Honigberg, Judge David A. Anderson, Judge Leska R. Sulaiman, soon-to-be Judge Roanne P. Thuli, and soon-to-be Judge Susan B. Carbon. In the Circuit Court Division (District Court) there are 3 judges assigned to the Child Support Court. They are: Honorable Mark L. Brackett, Honorable John S. Stevens, and Honorable Roger like A. Dube. Having an attorney that knows those judges and has appeared before them on many occasions is invaluable.
Family Lawyer Services
Whether you are facing divorce, dealing with child custody issues, or trying to establish a solid financial foundation for the future, it is essential to work with a qualified Manchester, NH family law attorney with the skills and experience to help you achieve your goals.
Most attorneys will use a problem-solving, solution-oriented strategy to address your needs. Your attorney will begin by comprehensively reviewing your situation and identify the most appropriate strategy for resolving your concerns. A strong advocate, he or she will always advise you on the choices you have available to you and the benefits and drawbacks of each option, giving you the relevant information you need to make wise decisions about the resolution of your case.
A number of specific services are offered by New Hampshire family law attorneys. In divorce cases, they typically help you draft divorce petitions requesting that the terms of your marriage be legally dissolved. You may also ask for a divorce petition to be filed on your behalf if your spouse has already filed one. Extensive assistance is often provided to help you successfully obtain a divorce judgment or settlement, including the equitable division of marital assets and debts, spousal support, property settlement, parenting time, child support, and even a post-divorce enforcement of existing court orders.
Advantages of Hiring Someone Local
There are many advantages to hiring a family law attorney who is well entrenched in exactly that community. A local lawyer will have a specific knowledge of the judges, clerks, process and lawyers within the local court system. This can be an extraordinarily beneficial piece of information-particularly in cases of divorce where decisions have to be made on child custody, alimony and property division.
The court system in Manchester, NH is completely different from that which exists in Nashua, Concord or Rockingham County. Family law attorneys who practice in Manchester likely spend 90% or more of their time in the District Court, Family Division in Manchester. The judges and court clerks in that court will all know your lawyer personally. Your lawyer will know them and likely even be able to tell you what their preferences of procedures are, what they like in terms of style and demeanor and what they do not.
This type of familiarity can work to just about any family law litigants advantage. For instance , if the parties are splitting up and depending on the court to enter orders for child support, alimony and property division, the attorney will have a very specific and accurate picture of how likely it is that the judge will award alimony and how much in part to his or her prior experience with matters before that judge.
Another example is when considering a divorce and you want to obtain orders of protection from the court, your Manchester, NH family law attorney should have knowledge of the judge’s preferences in such matters. Many judges frequently grant temporary orders of protection in domestic violence cases, but other judges tend to deny requests for such orders unless there is abuse.
Again, relying on the family law attorney’s knowledge of the local system, you will be able to make a more educated guess as to what will happen. Further, that attorney likely knows other lawyers in the area and will be able to tell you who is "tough" on issues of primary physical custody and who is more reasonable.
Family Lawyer Fees
Financial considerations play a critical role when choosing legal representation for any case, and this is no different for family law. Fees associated with hiring an attorney can be high, so it is important to understand exactly what it is you’re paying for, and the legal options that exist to help you pay for it.
Lawyers typically charge clients on an hourly basis for their services, with a retainer up front. Retainer fees are essentially pre-paid legal service contracts, sometimes with specific terms regarding billing on the back end. This arrangement allows family law attorneys to effectively budget in the time they set aside for you, ensuring you don’t lose your ability to talk with a lawyer if other clients are suddenly in a major pinch. Whatever the case, an initial retainer is the fee the attorney will use at their discretion throughout the process of your representation, and must be replenished when it drops below a minimum threshold.
Clients should be aware of how they might be charged for the lawyer’s services, in addition to their hourly rate:
Most lawyers work only with clients who possess the financial means to pay their retainer and all follow-up charges. However, there are many different local and state-based financial assistance programs to help clients in financial need. These include programs such as Legal Aid of New Hampshire and the New Hampshire Bar Foundation. Even when an organization provides free or low-cost legal representation, however, you often will have to meet certain criteria for income and other issues.
What to Ask At Your Initial Consultation
In talking with the Manchester, NH family law attorney on who his firm serves, only a few simple points were made of any note. You need to prepare beforehand, arrive on time, and follow simple instructions.
Which is specifically why he answered in this manner when it comes to preparing for an initial consultation.
Sadly, far too many people walk into a consultation with no idea of what to expect, what to bring or what the lawyer will be doing. In family law, where divorce, child custody, child support, alimony and all other related topics come into play, you need to know a few things about how to prepare for your appointment.
First is what you need to bring with you. For a family law attorney, they will need to see a few different things early on so they can begin to formulate an outline of your case. This is very important to the success of your case as it allows the attorney to understand from the outset what needs to be done. Without having this, the work may not get done properly and that can lead to disaster.
When you meet with a family law attorney, bring with you the following things: All of these will help your attorney to understand your case. Ideally, you’ll be able to provide everything on this list. If you cannot provide any of the above, your attorney can likely work with you to gather what is needed.
Instead of simply looking at the case in front of them, most family law attorneys will first look at you. Every case has similarities, but one thing is certain, every case is different. Your case is different because you are different . There are nuances and details about your case that need to be addressed that are unique to you. That’s not to say that an attorney isn’t able to provide legal service to someone if they have a similar case. However, they are going to be able to address certain points that are critical to your case that aren’t critical to their similar case.
The next thing that will be done by a family law attorney is to outline your case. Not every legal issue can be directly addressed. Your legal counsel needs to be able to understand what issues are coming, when they are coming and how best to prepare you for them.
This means that a family law attorney will likely begin asking you questions. They need to know about your life, your family as well as your finances. This allows them to fully understand the scope of the situation and what actions are likely to take place. Typically, a case will follow a similar pattern. However, when dealing with tax issues, the situation can be complicated. This is when an attorney doesn’t not just need to know the law, but also be able to adequately predict the future.
If you walk into the first consult and know absolutely nothing about what to expect, you’re going to come out of the meeting with absolutely no idea what is going to happen. You will not have any idea what to expect from the divorce process and, more importantly, have no idea what you should be doing next.
Being prepared is incredibly important. It is critical to the success of your case. You need to talk to your attorney before you arrive at the meeting to understand what you should do to prepare beforehand.