On October 8, 2008 the New Hampshire Supreme Court released an opinion for In the Matter of John Salesky and Jacqueline Salesky. The Court held that a guardian, appointed over the person and estate, may maintain a divorce action on behalf of that person with either the express authority of the Probate Court and
Divorce
Co-parenting tip: Schedule a weekly parenting call
By Kysa Crusco on
Posted in Divorce, Parenting Rights & Responsibility
After going through the divorce process, for many couples the last thing that they want to do is have regular contact with their ex-spouse. However, for divorcing couples with children, it is extremely important to maintain communication to effectively co-parent your children. Successfully co-parenting means that both parents will maintain an active, stable role in…
Tax considerations for divorcing couples
By Kysa Crusco on
During a divorce, the tax consquences of a settlement often take a backseat to heated issues such as parenting rights and asset division. However, tax consquences can have a very big impact on the outcome of a case and are an important factor to consider. Attorney Jason C. Brown of Brown Law Offices, P.A. posted an informative piece…
Georgakilas: Custody schedules and labels
By Kysa Crusco on
Posted in Divorce, Parenting Rights & Responsibility
On August 21, 2008, the New Hampshire Supreme Court released an opinion on In the Matter of Mary Beth Georgakilas and George Georgakilas holding that an approximately equal parenting schedule still entitles one parent to a “primary physical custody” designation.
The facts of the case are as follows: the parties divorced in 2006 and…
Caveat Emptor: Buyer beware of do-it-yourself divorce kits
By Kysa Crusco on
I read an interesting blog post today from Attorney Shannon Cavers of the Houston Texas Divorce & Family Law Attorney Blog. The blog reviews the buyer beware issues of do-it-yourself divorce kits. Attorney Cavers warns: "If you received a medical diagnosis requiring surgical intervention, you would not opt to operate on yourself. The same holds…
New Hampshire’s child impact seminar
By Kysa Crusco on
Posted in Divorce, Parenting Rights & Responsibility
In 1993 the New Hampshire legislature enacted a law requiring divorcing couples with minor children or parties in a parenting case to complete a Child Impact Seminar. This seminar, a four hour course, is called “Children First” and addresses the issues of divorce or separation and how they effect the children involved.
As explained on the NH…
What is a First Appearence?
By Kysa Crusco on
Posted in Divorce, Parenting Rights & Responsibility
A “First Appearance” occurs in a New Hampshire Family Division court in a divorce involving children or in a parenting petition case. The judge or marital master will talk about the court process, what to expect, and how the parties might settle their issues without litigation. At this time the court may refer individual cases…
Charron v. Amaral: Same-sex marriage benefits do not apply retroactively
By Kysa Crusco on
Today the Massachusetts Supreme Judicial Court issued an opinion in the case of Charron v. Amaral that held that marriage benefits for same-sex couples do not apply retroactively to the Goodridge v. Department of Public Health decision.
The case involves a couple, Michelle Charron and Cynthia Kalish, who began dating in 1990, moved in…
Donovan: Enforcing orders for contribution to a child’s college expenses
By Kysa Crusco on
On this blog, we review new domestic relations cases that are issued by the New Hampshire Supreme Court such as the recent Lemieux and Gendron and Plaistek opinions. However, there are many older opinions which are worth reviewing periodically. Here, we will review the case In the Matter of Tatjana A. Donovan and Robert F. …
Lemieux and Lemieux: Reformation of a divorce decree
By Kysa Crusco on
On June 13, the NH Supreme Court released an opinion on In the Matter of Richard R. Lemieux and Joanne Lemieux. In this case, Richard and Joanne were divorced in 1990. Their final divorce decree included stipulations regarding Joanne’s portion of Richard’s pension plan benefits, including the percentage each spouse would be awarded and the date…