Family Law Matters We Handle in Concord

Family law covers a wide range of issues, and most cases involve more than one. A divorce can include alimony, property division, parenting issues, and a possible protective order all at the same time. Our Concord family law attorneys handle the full range of matters under New Hampshire law.

Divorce

A divorce in NH involves decisions across several fronts: how marital property and debts are divided, whether alimony applies, how parents share time with children, and how day-to-day decisions about the kids get made. Our Concord divorce lawyers handle contested and uncontested cases, including those involving substantial assets or contested business valuations. 

Property Division

New Hampshire is an equitable distribution state. The word “equitable” does not automatically mean equal, but the starting point under RSA 458:16-a is a presumption that an equal division is the equitable distribution. Courts can deviate from a 50/50 split when the facts call for it.

The statute lists factors a court may consider, including but not limited to:

• The duration of the marriage
• Each spouse’s age, health, occupation, vocational skills, and earning capacity
• Contributions to the marriage, including the care and education of children and the management of the home
• Property acquired before the marriage
• Property acquired by gift, devise, or descent
• Pension or retirement rights acquired during the marriage
• Tax consequences for each party
• Fault that caused the breakdown of the marriage and resulted in substantial physical or mental pain and suffering, or substantial economic loss to the marital estate

Identifying what counts as marital property is sometimes harder than dividing it. We bring in appraisers, forensic accountants, business valuation specialists, and other experts when necessary to ensure that everything is fairly accounted for..

Alimony

NH overhauled its alimony statute in 2019. Under RSA 458:19-a, the most common form, term alimony, is calculated as the lesser of the recipients’ reasonable need or 23% of the difference between the parties’ gross incomes. While this sounds simple, the determination of need is further complicated by child support, lifestyle costs, health insurance, and more. The duration is generally capped at half the length of the marriage, and term alimony ends if the recipient remarries. 

Reimbursement alimony works differently. It compensates a spouse for economic or non-economic contributions to the other spouse’s financial resources, like supporting education or job training, when the property division alone cannot fairly account for those contributions.

The court can also issue temporary support orders during a pending divorce to address immediate financial needs, separate from the term and reimbursement alimony framework.

Whether alimony fits a particular case depends on multiple variables. We help clients evaluate what’s realistic, both as potential payors and potential recipients.

Parental Rights and Responsibilities

Under RSA 461-A:6, the court decides parental rights and responsibilities based on the best interests of the child. The statute requires the court to make written findings whenever it concludes that approximately equal parenting time is not in the child’s best interest.

The best-interest analysis considers factors including but not limited to each parent’s ability to provide nurture and a safe environment, each parent’s willingness to support the child’s relationship with the other parent, the parents’ ability to communicate and cooperate, and any evidence of abuse.

That framework shapes how cases unfold. There is less of a focus on labeling one parent as “primary” and more on the practical questions: what schedule will work for this family, and how decisions about the children’s day-to-day lives will get made.

Child Support

NH uses statutory guidelines to calculate child support. The basic calculation considers each parent’s gross income, the number of children, and the parenting time arrangement. Health insurance and child care costs factor in as well. These are not the only factors, however.

Things get complicated quickly. A self-employed parent, a parent with variable income, or a parent receiving non-cash compensation can all require deeper analysis. The same is true for parents with shared parenting arrangements that fall outside the typical split. We help clients work through these calculations and pursue or defend against a deviation from the guidelines when the circumstances justify it.

Post-Decree Modifications

Family law orders rarely stay the same forever. A job loss, a relocation, a medical issue, a child’s changing needs – any of these can require revisiting an existing order. NH allows modifications of parenting plans, child support, and alimony when there’s been a substantial change in circumstances since the order was entered or for another reason as allowed by statute. We handle both sides: clients seeking changes and clients responding to them.

Prenuptial and Postnuptial Agreements

A well-drafted prenuptial or postnuptial agreement clarifies financial expectations before issues come up. These agreements can address how separate property stays separate, how a business or professional practice would be treated, whether alimony would apply, and how inherited assets would be handled.

NH courts will enforce these agreements when properly executed, but courts also examine them carefully. Procedural issues like inadequate disclosure or rushed signing right before a wedding can create problems. We draft and review with that scrutiny in mind.

Domestic Violence and Protective Orders

Protective order cases move on different timelines than most family law matters. A temporary order can be issued the same day a petition is filed. A final hearing typically takes place within 30 days.

We represent clients seeking protective orders and clients responding to them. The outcomes can have lasting effects on parenting arrangements, firearm rights, housing, and employment, which is why these cases warrant careful handling from the start.

How We Approach Family Law Disputes

Most family law cases settle before trial. That’s not because litigation is not available, but because settlement usually delivers more predictable, less expensive, and less stressful outcomes for everyone involved, including the children.

Mediation

A trained mediator helps two people in conflict have conversations they could not have on their own. The mediator doesn’t take sides or impose decisions. Their job is to keep discussions moving and surface options the parties may not have considered.

Either party can request mediation at the first scheduled court event in a New Hampshire divorce or parenting case, and judges can also order it in certain situations. Additionally, mediation is typically required in divorce cases involving minor children as outlined in the divorcing parties’ First Appearance.

Mediation tends to work best when both parties consult with their own attorneys before, during, and after the session, rather than going in unrepresented. Court-contracted mediators in NH do not provide legal advice, which is part of why having your own counsel matters.

Collaborative Family Law

The collaborative process commits both spouses and their attorneys to staying out of court. If the process breaks down and litigation becomes necessary, both attorneys must withdraw. That structure creates real incentive on all sides to find a viable resolution.

Collaborative cases often include neutral financial professionals and, in cases involving children, child specialists. The process tends to work well when assets are substantial, when privacy matters, or when preserving a co-parenting relationship is important.

Negotiation Between Attorneys

A lot of family law work happens in the back-and-forth between counsel. Drafting proposals, exchanging financial information, and responding to settlement offers. This is often the most efficient path when both parties have reasonable expectations and are willing to engage.

When Court Involvement Is Necessary

Sometimes the other party is not negotiating in good faith. Sometimes the facts are genuinely disputed. Sometimes a case raises legal issues that need a judge’s decision. NH family court judges decide contested cases on the record at a hearing, and a well-prepared case matters. When a trial is the right path, we prepare for it accordingly.

What to Expect From the Family Law Process in New Hampshire

Family law cases in New Hampshire start with a petition filed in the Family Division of the Circuit Court. From there, the case might involve temporary orders, exchange of financial affidavits and supporting documents, mediation or other settlement efforts, and either an agreed resolution or a contested hearing.

A growing number of cases never start with a contested filing at all. When parties reach an agreement before anyone files, a joint petition can go in alongside the agreement, and the court can approve it without a contested hearing. There’s no single path through the process. Working with an attorney who can move between approaches as the case develops makes a difference.

How Long Do Family Law Cases Take in New Hampshire?

Timelines vary. An uncontested divorce often wraps up in three to six months. A contested divorce involving complex finances or significant parenting disputes can take 12 to 18 months or longer. Protective order cases move faster; temporary orders can be issued the same day, with a final hearing typically within 30 days. Modifications generally resolve in three to nine months, depending on what’s being modified.

The court’s calendar and how cooperative the other party is can affect how long any specific case takes.

Steps to Take Before Meeting With a Concord Family Law Attorney

A little preparation before your first attorney meeting saves time and gives you more options:

• Collect financial records, including three years of tax returns, recent pay stubs, statements for bank and retirement accounts, mortgage documents, and credit card statements
• List your assets and debts, including both jointly held and individually held items
• Track your monthly income and expenses honestly (good estimates beat guesses)
• Think through what’s most important to you regarding parenting time and finances
• Save important communications and any prenuptial or postnuptial agreements
• Hold off on major financial moves, including moving money between accounts or making large purchases, until you’ve talked to an attorney

Going in with this information helps your attorney spot issues early and give you a realistic picture of what your case might look like.

Talk to a Concord Family Law Attorney at Shaheen & Gordon

Family law cases involve some of the most personal decisions you’ll make. Working with an attorney who’s spent years in NH family courts means you start with a clearer picture of what’s possible. Call (800) 451-1002 or contact us online to schedule a time to talk.

Frequently Asked Questions About Family Law in New Hampshire

Do I need to be legally separated before filing for divorce in NH?

No. New Hampshire does not require a separation period. You can file when you are ready.

How is parenting time decided in New Hampshire?

NH law presumes that approximately equal parenting time serves a child’s best interest. A court ordering anything other than approximately equal time has to make specific written findings explaining the reason.

Can a final family law order be changed later?

Yes, in many cases. Do note that the standards for modifying parenting plans, child support, and alimony are all different, but each one is modifiable dependent on substantial changes in circumstance since the original order. Property division generally cannot be modified once final.

What if my spouse is hiding assets?

The discovery process gives your attorney tools to find them: subpoenas to financial institutions, depositions under oath, document requests, and forensic accounting when warranted. Concealing assets has consequences beyond losing the asset, including possible sanctions for violating disclosure obligations.

Can I get a protective order in NH?

Yes. A person who’s been abused by a family or household member, or by an intimate partner, can petition the court for a protective order. Temporary orders can be issued the same day. A final order requires a hearing, typically within 30 days.

What should I avoid doing during a family law case?

Do not make major financial moves without consulting your attorney. Do not violate any court order, including temporary ones. Do not discuss your case on social media or anywhere the other side might see. Do not involve children in adult matters, whether that’s trying to turn them against the other parent  or use them as a means of communication. And be careful with direct communications to the other party that could later be used against you. 

Can I move out of state with my child?

Relocation generally requires either the other parent’s agreement or court approval. The relocating parent has to provide proper notice. Courts consider the best interests of the child, including but not limited to the reasons for the move, the impact on the existing parenting arrangement, and the child’s relationship with both parents.