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4 Tips for Developing a Divorce Action Plan

December 17, 2020 By Marianna Barbowski

When you decide to file for divorce, the following weeks can turn into a heated whirlwind of legal battles and high emotions. That’s why it’s important to develop an action plan and stick to it before proceedings begin. Here are four tips on what to do and what to avoid .

1.      Consult With a Divorce Attorney

Divorce cases are rarely black and white. There are dozens of factors that go into making important decisions such as, child custody and spousal support. Therefore, it is essential to consult with a divorce attorney even if you and your spouse are on amicable terms. Certain disputes are simply best resolved with the help of legal aid.

2.  Document Everything

Once you’ve decided to file for divorce, it ‘s important to start keeping physical records of of everything that could be relevant in court.

Some examples include:

  • Communications: Keep track of dates, times, and content of all communication with your spouse including phone calls, emails, and text messages.
  • Expenses: Record all expenses you encounter while your divorce is pending so the court knows what support you may be entitled to.
  • Visitations: Record the date and times of all visitations you or your spouse has with your children. This can be essential for determining child custody in the future.

3.  Protect Your Privacy

After filing for divorce, and once your spouse has been served, your privacy may be the first thing to go. There are a few important steps you should take to protect yourself, such as:

  • Change all of your passwords on mobile phones and computers, especially social media and financial websites
  • Place a verbal password on all credit cards and financial resources with a multi-factor authentication.
  • Change your house alarm code if you live alone.

These are just some of the most important steps to take when filing for divorce, however every case is different. Talking to an experienced family law attorney should always be the first step when filing for divorce. Contact us today to find out how we can help.

Filed Under: Legal Updates Tagged With: divorce

Social Media and Divorce – Just Don’t!

January 15, 2019 By Marianna Barbowski

Do not let emotions take over your social media accounts

Social media and divorce can be a dangerous combination. As you know, divorce is a highly emotional process.  Feelings of anger, pain and betrayal are all too common.  When we have these feelings, our instinct is often to turn to social media so that we can vent our emotions or ask for support. Due to feelings of grief or longing for the person we are divorcing lead us to look at their social media pages and even to comment.

This behavior can easily backfire. While you may have your ex blocked on social media, there are likely people who can view your account who might feel sympathetic towards your ex and share information. 

Furthermore, your posts and comments can seem threatening to your ex, and are upsetting to family, friends, and children. All of this puts you in a poor position when discussing property division or parenting plans—your ex may be less flexible in negotiations, or even become unwilling to negotiate, and try to use your social media posts against you in court.

Additionally, it isn’t only negative social media posts that can backfire.  Sometimes, even happy posts can upset your divorce proceedings.  For example, posting on social media about partying and drinking can allow your ex to call your judgment into question during parenting discussions. Similarly, posting photos of yourself on expensive vacations or with your fancy new boat can give your ex ammunition to use against you when dividing up property.

Finally, if you are dating during your divorce, keep your relationship off of social media. Changing your relationship status or posting couple photos can cause a jealous reaction, even if your ex was the one who initiated the split. 

Contact us


The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible. From spousal support, child support, fault, and equitable division of property and debt to valuations, prenuptial agreements, annulments, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (603) 224-7111.

Filed Under: Legal Updates Tagged With: attorney, divorce, divorce lawyer, lawyer, social media

Same-Sex Divorces in New Hampshire

November 29, 2017 By Marianna Barbowski

Same-Sex Divorces in New Hampshire.Printer Paper Cut With Orange Scissor

McGrath Law Firm has recently handled a divorce action for a same-sex couple. Our experienced legal team was able to successfully help our client win ownership of certain personal property while protecting the client’s legal rights during a divorce dispute.

Same-sex marriage has been legal in New Hampshire since January 1, 2010, when legislation signed into law by Governor John Lynch on June 3, 2009 took effect. New Hampshire had established civil unions for same-sex couples beginning on January 1, 2008. Prior to 2008, same-sex couples in New Hampshire were not entitled to obtain the legal and financial benefits generally associated with marriage.

Although the divorce rates in New Hampshire are lower than the national average, there has been a rise in the number of married couples seeking a divorce, including same gender couples.

Same-sex divorce actions can sometimes involve high conflict disputes over the ownership of personal property items.  Some examples of personal property include jewelry, accessories, clothing, personal effects, as well as shared memorabilia.

New Hampshire law provides for an equitable distribution of marital assets regardless of whether a divorcing couple are same-sex or heterosexual. However, this does not mean that every asset or item must be split equally, so long as the overall distribution between the parties is fair and reasonable.

McGrath Law Firm has specific experience assisting clients in dissolving their marriages and handling the issues that may arise in a same-sex divorce action.

Contact Us!

The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible. From spousal support, child support, fault, and equitable division of property and debt to valuations, prenuptial agreements, annulments, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (603) 224-7111.

Filed Under: Legal Updates Tagged With: divorce, legal advice, marital assets, same-sex, spousal support

Who gets the pets?

June 13, 2017 By Marianna Barbowski

Who gets the Pets in the event of a break up you may wonder?

 

As any pet owner will gladly tell you, dogs, cats, and any other type of pets, are not just something you own or a mere piece of property, they are cherished and beloved members of the family. The emotional bond and connection that develops and exists between owners and their companions is often compared to that of a parent-child relationship. But what happens when a couple with pets breaks up? Who gets to keep the ‘fur babies’?

Some couples can work together to reach such arrangements, others benefit from the assistance of neutral third-parties like mediators, while others may end up in litigation to determine ownership.

With a 27% increase in pet-custody matters between 2009-2014 according to a study by the American Academy of Matrimonial Lawyers (AAML), these are questions which the courts will continue to have to resolve.

In the News

Although not the result of a failed relationship, a case currently being heard in Colorado regarding a dispute over ownership of a 7-year old Siberian Husky shows how difficult such matters can be for everyone involved. The dog at issue wandered away from her home 3 years ago, ultimately ending up living in the home of a woman in another county. When the dog wandered away from her second home earlier this year, local animal control discovered a microchip which led them to the dog’s original owner. Now the two individuals are involved in a bitter custody battle, each arguing that the dog is a treasured family member.

During a hearing earlier this month, a Colorado judge ruled in favor of the dog’s original owner despite the bond that the dog had developed over the past 3 years with her second ‘owner’. Under Colorado law, animals are considered personal property. As a result, the judge indicated he could not consider the best interest of the dog when determining who was the rightful owner. The second ‘owner’ has filed an appeal with the case now heading to trial.

Changing Nature of the Law

Pets are generally treated as personal property by the courts, they have no special status under the law. In divorce cases this means their fate is often determined according to the marital property laws of that state along with all the other objects to be divided between the parties. This is true in New Hampshire. Typically, if the pet was yours prior to marriage, the animal will be considered separate property. However, if marital property was used to cover major costs associated with your pet, the court could deem that a previously-owned animal has become marital property necessitating a decision regarding ownership.

Nevertheless, there is growing support within the legal community for the idea that the best interest of the animal should be a consideration, in the same way it is for children, when making determinations about ownership, custody, and visitation. Some judges have already started awarding shared custody and visitation of pets between the parties, leading to provisions like those you might see in a parenting plan. Continuing this trend, earlier this year Alaska enacted ‘pet-custody’ legislation which allows a court to consider the animal’s well-being when deciding which party the pet should go to and whether and how to implement visitation with the non-custodial ‘fur parent’.

Custody Considerations

If the court does address how to share time with a pet between the parties, the judge will look at several factors before making a final determination. These may include who cared for the animal (i.e. feeding, grooming, walking, vet visits, etc.); who spent the most time with the animal; how well was the animal cared for; where each of the parties intends to live following the divorce (i.e. apt, house, outdoor space, etc.); and who is best able to care for the animal and provide a good environment going forward. Maintenance of clear and accurate records regarding expenses such as purchase/adoption fees, licensing, food, training, exercise, boarding, and vet care goes a long way in making a case for ownership. However, if there are minor children involved, the pet will almost always end up in the children’s primary home.

Contact Us!

The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible. From spousal support, child support, fault, and equitable division of property and debt to valuations, prenuptial agreements, annulments, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (603) 224-7111.

 

Filed Under: Legal Updates Tagged With: cats, custody, divorce, dogs, legal rights, pet custody, pets

Discussion on Alternatives to Litigating a Divorce Case

June 9, 2017 By Marianna Barbowski

There are alternatives to litigating a divorce and parenting case.  There is hope with a divorce.  Not all divorces end up in the courtroom. Attorney Daniel J. Corley with McGrath Law Firm, PA in Concord, NH had the opportunity to appear as a guest on WXXL in Concord, NH and discuss positive perceptions with the host Lori Magoon.

Click here for the full radio interview.

 

 

 

 

During the interview alternatives to litigating a divorce, such as by using settlement opportunities such as Collaborative Law and mediation.

Attorney Corley practiced law in the courts of New York for more than 20 years, specializing in a wide range of litigation and transactional matters. Attorney Corley served as a Court Attorney in the Civil Court of the City of New York assisting and advising judges and acted as an advisor to Mayor Giuliani’s transition team as a real estate specialist.  His bio can be found by clicking here

The legal team members at the McGrath Law Firm, founded by attorney Peter McGrath, former federal prosecutor, will walk you through every step of the challenging legal matter to address your concerns and achieve your goals as efficiently as possible.  From civil litigation, personal injury, Collaborative Law, Family Law, foreclosure prevention, criminal defense, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of Family Law. Call us to schedule your consultation at (603) 224-7111.

 

 

 

 

 

 

Filed Under: Legal Updates Tagged With: alternatives, Collaborative Law, divorce, mediation, settlement

Collaborative Law: Compromise, a Powerful Virtue to Cultivate in Divorce

April 5, 2017 By Marianna Barbowski

Collaborative Law

Compromise, a Powerful Virtue to Cultivate in Divorce.

Yes, Compromise.  You have it in you.  Unleash it.  The aggressive will be confounded and the meek will breathe a sigh of relief.  And both will be compelled to follow suit.  In the end you and your spouse will likely each have more of what you really wanted than a court could hope to give.  I say “really” because compromise weeds out what isn’t important enough to keep fighting for, and hones your priorities so that you can hit upon and embrace unexpected solutions.  In the process you will come to know yourself much better, so much better.  When you walk away from the settled dispute you should feel newly in control of yourself and your goals, relieved of what most bogged you down, and free to focus on the fresh path ahead.  Collaborative Law.  Look into it.  You owe it to yourself and the powerful real you.

The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible.  From Collaborative Law, spousal support, child support, fault, and equitable division of property and debt to valuations, prenuptial agreements, annulments, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (603) 224-7111.

Filed Under: Legal Updates Tagged With: Collaborative Law, compromise, divorce, divorce lawyer

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