Product Description

Recent updates:

• Update: March 2025

  Dear Subscriber:

  Thank you for choosing to keep your copy of A Practical Guide to Divorce in New Hampshire current with this 2025 edition. This edition contains updated information, including the following:

  • Motions for temporary orders. See chapter 5 for new practice guidance and cautions as to court orders regarding the exchange of exhibits prior to a hearing.

  • Marital assets defined See chapters 6 and 8 for comments regarding the division of the marital estate, along with discussion of a 2024 case addressing a two-step analysis for determining which assets constitute marital property under N.H. Rev. Stat. Ann. § 458:16-a, I, and exercising the court's discretion to equitably distribute those assets pursuant to N.H. Rev. Stat. Ann. § 458:17-1, II.

  • Discovery. Chapter 7 includes comments regarding Rule 1.25-A(D) and its authorization of the court to impose severe sanctions on a party for failing to comply with mandatory initial self-disclosure. The chapter provides examples of sanctions.

  • Alimony and the interplay with child support. Chapter 8 provides new commentary on deductions from the alimony payor's income and included in the payee's income prior to the time that the statutory percentage is calculated on the difference in monthly income. Citation to a 2024 decision is supplied.

  • Deviations from child support guidelines. Chapter 10 addresses the use of the parenting schedule. It discusses the situation where the parties have a substantially shared or approximately equal parenting schedule and no extraordinary circumstances, and the impact of that situation on the child support order.

  • Addiction to substances and the impact on parenting plans. Chapter 11 discusses the New Hampshire Supreme Court's recent (2024) consideration of evidence of a party's sobriety in relation to their request to modify the parenting plan. It cites a case where the court held that denial of a parent's request to expand their parenting time could not be based solely on concerns over the parent's sobriety.

  • Use of experts; valuation. Chapter 13 cites a case finding that, even if experts do testify with regard to estate valuation, the trial court has discretion to formulate its own valuation calculation.

  We at MCLE trust that you will find this new material useful in your family law practice and valuable in maintaining your law library.

  Cordially,

  MCLE Press

Table of Contents

Chapter 1 expand

The New Hampshire Judicial Branch Family Division

Buy Chapter

Gina B. Belmont, Esq., New Hampshire Circuit Court Family Division

Chapter 2 expand

Initial Client Interview and Starting an Action for Divorce

Buy Chapter

William E. Brennan, Esq., Brennan, Caron, Lenehan & Iacopino, PA
Kathleen A. Hickey, Esq., Brennan, Caron, Lenehan & Iacopino, PA

Chapter 3 expand

Dispute Resolution Alternatives

Buy Chapter

Karen J. Borgstrom, Esq., Dartmouth-Hitchcock Medical Center
James V. Ferro, Jr., Esq., Ferro Law & Mediation Group, PLLC

Exhibit 3A

- New Hampshire Rev. Stat. Ann. § 542:11: Arbitration of Domestic Relations Cases Buy Form

Exhibit 3B

- New Hampshire Rev. Stat. Ann. § 328 C: Marital Mediators Buy Form

Exhibit 3C

- N.H. Sup. Ct. R. 48-B: Family Mediator Fees Buy Form

Chapter 4 expand

Collaborative Family Law

Buy Chapter

Catherine P. McKay, Esq., Parnell, Michels & McKay PLLC

Exhibit 4A

- Sample Collaborative Family Law Participation Agreement Buy Form

Chapter 5 expand

Motion Practice for Temporary Orders

Buy Chapter

Carolyn S. Garvey, Esq., Douglas, Leonard & Garvey, PC

Exhibit 5A

- Uniform Support Order Buy Form

Exhibit 5B

- Uniform Alimony Order Buy Form

Chapter 6 expand

Financial Affidavits

Buy Chapter

Judith A. Fairclough, Esq., Orr & Reno, PA
Meredith Farrell, Esq., Orr & Reno, PA

Exhibit 6A

- N.H. Fam. Div. R. 2.16—Financial Affidavits Buy Form

Exhibit 6B

- N.H. Rev. Stat. Ann. § 458:15-b—Financial Affidavit Buy Form

Exhibit 6C

- Asset Summary Buy Form

Chapter 7 expand

Discovery

Buy Chapter

Jeanmarie Papelian, Esq.,

Exhibit 7A

- Sample Privilege Log Buy Form

Exhibit 7B

- New Hampshire Bar Association Litigation Guidelines Buy Form

Exhibit 7C

- Confidentiality Stipulation Buy Form

Chapter 8 expand

Division of Marital Estate

Buy Chapter

R. David DePuy, Esq.,

Chapter 9 expand

Alimony

Buy Chapter

Pamela Ann Peterson, Esq., Devine, Millimet & Branch, PA

Chapter 10 expand

Child Support

Buy Chapter

Michael S. McGrath, Esq., Upton & Hatfield LLP

Chapter 11 expand

Issues Relating to Children

Buy Chapter

Michael S. McGrath, Esq., Upton & Hatfield LLP

Chapter 12 expand

Pretrial Hearings

Buy Chapter

Helen G. Honorow, Esq., Barry & Honorow, PLLC

Exhibit 12A

- Scheduling Conference Order Buy Form

Chapter 13 expand

Valuation

Buy Chapter

Richard J. Maloney, Esq., Maloney & Kennedy, PLLC

Chapter 14 expand

Expert Testimony in Domestic Relations Cases

Buy Chapter

Kelleigh D. Murphy, Esq., Murphy Legal PLLC

Chapter 15 expand

Retirement Assets

Buy Chapter

John E. Rich, Jr., Esq., McLane Middleton

Chapter 16 expand

Trial Practice Techniques

Buy Chapter

Charles S. Temple, Esq., Hillsborough County Superior Court-South

Chapter 17 expand

Selected Evidentiary Issues in Domestic Relations Trials

Buy Chapter

John Burwell Garvey, Esq., University of New Hampshire School of Law
Petar M. Leonard, Esq.,

Chapter 18 expand

Posttrial Motions and Appellate Procedure

Buy Chapter

Doreen F. Connor, Esq., Primmer Piper Eggleston & Cramer, PC

Exhibit 18A

- Rule 7 Notice of Mandatory Appeal Form and Instructions Buy Form

Exhibit 18B

- Rule 7 Notice of Discretionary Appeal Form and Instructions Buy Form

Exhibit 18C

- New Hampshire Supreme Court Judicial Performance Standards Buy Form

Chapter 19 expand

Modification

Buy Chapter

Catherine P. McKay, Esq., Parnell, Michels & McKay PLLC

Chapter 20 expand

Contempt

Buy Chapter

Catherine A. Feeney, Esq., Feeney Law Offices

Chapter 21 expand

Tax Considerations

Buy Chapter

Beth L. Fowler, Esq., McLane Middleton

Chapter 22 expand

Prenuptial and Postnuptial Agreements

Buy Chapter

Judith A. Fairclough, Esq., Orr & Reno, PA

Exhibit 22A

- Asset Disclosure Buy Form

Exhibit 22B

- Statement Buy Form

Exhibit 22C

- Certificate of Counsel Buy Form

Exhibit 22D

- Prenuptial Agreement Questionnaire Buy Form

Chapter 23 expand

Health Insurance

Buy Chapter

Exhibit 23A

- Recommended Sample Language for “Health Insurance” Section of the Final Decree Buy Form

Chapter 24 expand

Representing Victims of Domestic Violence

Buy Chapter

Hon. Charles L. Greenhalgh, Brentwood Family Division

Exhibit 24A

- Domestic Violence Petition Buy Form

Exhibit 24B

- Letter to Pro Se Plaintiff Buy Form

Chapter 25 expand

The Guardian ad Litem

Buy Chapter

Exhibit 25A

- Motion for Appointment of Guardian ad Litem Buy Form

Exhibit 25B

- GAL Appointment Form Buy Form

Exhibit 25C

- Sample GAL Stipulations Buy Form

Exhibit 25D

- Motion to Exceed Buy Form

Exhibit 25E

- Motion to Extend Deadlines Buy Form

Exhibit 25F

- Motion to Withdraw Buy Form

Exhibit 25G

- Motion of Guardian ad Litem for Instructions Buy Form

Exhibit 25H

- Introductory Letter to Parties/Counsel Buy Form

Exhibit 25I

- GAL Questionnaire Buy Form

Exhibit 25J

- General GAL Authorization Buy Form

Exhibit 25K

- Medical Authorization Buy Form

Exhibit 25L

- Police Records Authorization Buy Form

Exhibit 25M

- Driving Record Authorization Buy Form

Exhibit 25N

- Suggested Questions Guidelines Buy Form

Exhibit 25O

- Letter to School Buy Form

Exhibit 25P

- Letter to Pediatrician Buy Form

Exhibit 25Q

- Interview Forms Buy Form

Exhibit 25R

- Sample Letter to Police Buy Form

Exhibit 25S

- Sample GAL Report Buy Form

Exhibit 25T

- Sample Objection to GAL Report Buy Form

Editor(s)

Marital Master(s)

Author(s)