Divorce: When Should I See a Divorce Attorney?

January 18, 2019 By Marianna Barbowski

When should I see an attorney?

Hiring a Divorce Attorney and the decisions and agreements you make during your divorce will have a lasting impact on your life. Your divorce can affect finances, property ownership, future income, and taxes—and, if you are a parent, the lives of your children. As a result, we recommend that you meet with one of our attorneys for a consultation as soon as possible in the divorce process. Talking to an attorney in the early stages helps you learn more about your legal rights and can make sure you don’t accidentally agree to give up those rights.

This is true even if you believe that you and your spouse will be able to agree on the terms of the divorce. Further, we often find that clients aren’t aware of the broad range of property that can be divided in a divorce, and without proper legal advice from a divorce attorney, they would have left money “sitting on the table.”

Process of Choosing the right Divorce Attorney

Should you seek to hire a divorce attorney to represent you fully during your divorce or handle settlement arrangements and represent you in court, this initial consultation serves as an excellent interview. It will help you decide whether the attorney is a good fit for you.

Know your rights!

If you are considering handling your divorce on your own, we still recommend having at least one consultation with our attorneys to ensure you know your legal rights. In addition, depending on the issues you are facing, you may want some additional help. Our attorneys can assist you on a limited basis, providing advice and document review as needed, while you represent yourself in negotiations and in court. However, if your divorce is not complex, or if funds are tight, this can be a good way to protect yourself while saving money.

It is important to note, one consultation can save you money and time. Please call us. Our attorneys will be fully on your side and make sure you know your rights and your options!

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, Juli Hincks and 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.

Recent Developments in New Hampshire Law

July 25, 2017 By Marianna Barbowski

Recent Developments in New Hampshire Law

Developments include Full-Day Public Kindergarten; Decriminalization of Marijuana; and More

There have been some recent developments in New Hampshire laws. As you may have read in the news recently, Governor Chris Sununu signed 38 bills into laws. We have taken a look at some of them and below is an example of some of the changes coming New Hampshire’s way!

Funding Full-Day Public Kindergarten

On July 12, 2017, Governor Chris Sununu signed into law Senate Bill 191 to fund full-day public kindergarten throughout the state by taxing Keno lottery games in New Hampshire. Governor Sununu has made expanding public kindergarten programs a signature policy focus in his first term. The governor was given a political boost when the bill cleared both the House and Senate with wide margins in a bi-partisan vote in June.

Governor Sununu previously praised the legislation. “The investments made today will give New Hampshire children a strong foundation for tomorrow’s future. Full-day kindergarten is good for children and families, and a critical tool in retaining our future workforce.” However, this law is not a requirement for any town to adopt full-day public kindergarten programs.

About 70% of the school districts in the state have already instituted a full-day program, paying for the second half of the day with local property taxes. The state had been offering districts a grant of $1,800 per student for kindergarten enrollment, which assumed a half-day program. The new law will now provide for another $1,100 per kindergarten student each year from state Keno lottery game revenue.

As Keno revenue rises, the state grant would increase up to $1,800 per kindergarten student for a total from all grant sources of $3,600 which is the ‘adequacy grant’ currently received by districts for students from first-grade through high school.

Decriminalizing Small Amounts of Marijuana

On July 18, 2017, Governor Sununu signed House Bill 640 downgrading possession of up to 3/4^th of an ounce of marijuana or 5 grams of hashish to a civil violation instead of a criminal misdemeanor as it would previously have been charged. This law is set to take effect on September 18, 2017, making New Hampshire the 22^nd state to eliminate the possibility of jail for individuals convicted of simple possession. The legislative measure, referred to as “common sense marijuana reform” by Governor Sununu, passed both the House and Senate with strong bipartisan support.

New Hampshire is the last New England state to reduce marijuana possession to a civil offense. Although decriminalization has been considered in the past, this was the first time the Senate took up a bill passed by the House. Matt Simon, New England policy director with the Marijuana Policy Project, stated “there is no good reason to continue arresting and prosecuting people for marijuana possession.”

When the law takes effect, any person 18 years or older found to be in possession of 3/4^th of an ounce or less of marijuana or 5 grams or less of hashish would be subject to liability for a civil violation, punishable by a $100 fine for the 1^st or 2^nd offense, instead of a criminal misdemeanor with a fine of up to $2,000. Any subsequent infraction within a 3-year period would be punishable by a fine of up to $300. A 4^th offense would result in a Class B misdemeanor charge.

Any person less than 18 years old found to be in possession of the threshold amounts or less would be subject to a delinquency petition.

All money collected from the law’s fines will be deposited in the state’s fund for services to combat alcohol and substance abuse.

Establishing a State-Wide Needle Exchange Program

On June 16, 2017, Governor Sununu signed into law Senate Bill 234 creating a needle exchange program throughout the state and decriminalizing trace amounts of drugs left in dirty needles. The passage of this law brings New Hampshire in line with the rest of the New England states which have already implemented exchange programs.

Allowing users to safely dispose of needles without the fear of prosecution is the best way to make sure needles aren’t discarded in public places.

Without a readily available supply of clean syringes, drug users will become desperate, resorting to using needles found on the side of the road, trying to fish dirty needles out of medical disposal boxes, or using the same needle again and again until the metal tip breaks off. Needles, clean and used, are often sold on the street for anywhere from $1 to $20 a piece.

Governor Sununu commended the legislative measure. “The drug crisis is the most serious public health and safety issue facing New Hampshire and it remains critical that we continue supporting investments and resources in law enforcement, but also in prevention, treatment, and recovery programs … There is no doubt that this bill will save lives.”

Expanding Conditions Qualifying for Therapeutic Use of Cannabis

On June 16, 2017, Governor Sununu signed two bills expanding the list of qualified medical conditions eligible for the therapeutic use of cannabis, otherwise known as medical marijuana. House Bill 157 adds chronic pain as one of the qualifying conditions, while Senate Bill 17 removes the requirement that individuals with Hepatitis C be receiving anti-viral treatments in order to qualify for medical marijuana.

Other qualifying medical conditions include: cancer, glaucoma, HIV, AIDS, muscular dystrophy, Crohn’s disease, multiple sclerosis, chronic pancreatitis, spinal cord injury/disease, traumatic brain injury, epilepsy, lupus, Parkinson’s disease, Alzheimer’s disease, and ulcerative colitis.

Heightened Requirements for Background Checks in Adoptions and Foster Family Licensing

On June 16, 2017, Governor Sununu signed into law House Bill 355 expanding the background check requirements associated with adoptions as well as the initial home licensing process for foster family applicants.

Previously, only prospective adoptive parents or prospective foster parents were subject to a finger-print based criminal record check of national crime information databases in addition to the central registry check of all adults living in the home. Developments now provide all adults living in the home will be subject to a finger-print based criminal record check and a central registry check as part of the adoption or foster family licensing process.

The criminal record check consists of submitting finger prints to the State Police for forwarding to the Federal Bureau of Investigation (FBI). The central registry check consists of checking the state’s central registry of founded reports of child abuse and neglect as well as checking the child abuse and neglect registries in any other state in which an adult living in the home has resided in the past 5 years.

Contact Us!

The seasoned attorneys at the McGrath Law Firm, founded by former federal prosecutor, Peter McGrath, will walk you through every step of the challenging process to address your concerns and achieve your goals as efficiently as possible. From personal injury, criminal law and estate planning, family law, including, but not limited to, 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 law. Call us to schedule your consultation at (603) 224-7111.

#newlaw #legaldevelopments #housebills #decriminalizing #newhampshire

Domestic Violence explained

July 20, 2017 By Marianna Barbowski

What Constitutes Domestic Violence in New Hampshire?

How to proceed if you are the victim?

First and foremost, if you feel threatened and you cannot remove yourself from the situation, you should call the police immediately. If you would like to file for orders of protection you can do so at your local Family Division. The court clerks are very helpful and can walk you through the process. There is no filing fee associated with the filing of a domestic violence, so money will not be an issue.

The threshold for domestic violence is fairly broad and is governed under RSA 173-B. RSA 173-B is limited as to who can seek protection under this statute. For example, spouses, ex-spouses and parties that are co-habitating together are entitled to file a domestic violence petition under this statute. There are a few different situations where someone can seek protection under RSA 173-B, but the lines could become blurred when interpreting the relationship. If there is a question as to status of the parties, a Judge will decide if a plaintiff is entitled to relief under RSA 173-B.

All that has to happen is a situation where the complaining party can prove that there was a credible present threat to their safety at a hearing held before a Judge, with both parties having the opportunity to be heard. If an action is requested ex parte (or expedited) by written request from the the defendant, the matter must be scheduled for an immediate hearing, no less than three (3) nor more than five (5) business days.

What happens if orders of protection are issued?

The protective orders vary. Typically, and in most circumstances, all firearms in the possession of the defendant shall be relinquished. The defendant will also be required to stay away from the complaining party by at least 300 feet. There are additional restrictions that could be imposed, depending on the circumstances, whether children are involved, etc. Further, the order will be in place for one year, and may be extended upon a further hearing.

What if you are served with Domestic Violence paperwork?

The petition will be served upon you by the Court. Everything complained of by the plaintiff will be provided to you. If the petition is not brought ex parte, a hearing will be scheduled within thirty days. If an expedited (ex parte) hearing is requested, as stated above, a hearing will be scheduled within 3-5 days upon request. You will have the opportunity to be heard and judged by an impartial and unbiased Judge, who will weigh the facts presented to determine whether temporary orders are necessary. If it is granted, the court will go ahead and schedule the matter for a final hearing to determine whether the order of protection needs to be extended.

Why call an attorney?

Our attorneys at McGrath Law Firm are well versed in the grounds and threshold that needs to be met in order to justify an order of protection. Often these matters can be worked out with the help of an attorney. A lawyer can save money and bring closure and be of great value. Orders of Protection can be limited in restrictions but they can also turn out to be a hindrance to your lifestyle, including having access denied to your children. Don’t let this happen to you!

Contact us!

The seasoned attorneys at the McGrath Law Firm, founded by former federal prosecutor, Peter McGrath, will walk you through every step of the domestic violence process to address your concerns and achieve your goals as efficiently as possible. From personal injury, criminal law and estate planning, family law, including, but not limited to, 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 law. Call us to schedule your consultation at (603) 224-7111.

#domesticviolence #173-B #restrainingorder

Consider your contracts

July 7, 2017 By Marianna Barbowski

Contracts

Consider your contracts and always have an attorney review any contracts relating to commercial or residential property. The contract provides important material terms and conditions relating to timely completion of the project, substantial completion of the project, payment and final inspections and punch list. In addition, warranty issues relating to material and labor for the project are also included within the contract. Most importantly, in the event of a dispute, the contract sets forth where the dispute will be adjudicated. For example, will it be in a Court or does it call for arbitration? Further, if it is in the Court, will it be a jury trial or bench trial? What jurisdiction? These are all very important issues that need to be negotiated before the project begins.

There are also Consumer Protection Laws in place that must be considered at the time the contract is entered into. It is important to contact an attorney, such as McGrath Law Firm, to protect your rights and your project going forward.

You do not have to let the excitement of improvements and construction overwhelm you. A properly prepared and reviewed contract will set forth the terms that are acceptable to you An attorney can help you make sure that accomplished prior to the start of the project and make sure your legal rights are protected.

Contact us!

NH Bike Week – drivers be careful!

June 16, 2017 By Marianna Barbowski

NH Bike Week is here

It is a time to celebrate, summer has arrived – NH Bike Week is here!!! Laconia, and New Hampshire in general is at its busiest in terms of traffic thanks to bike week! The DOT has signs up warning the drivers but yet the inevitable happens every year – accidents. Accidents are even worse when a motorcycle is involved, regardless of who bears the liability.

What to do when you are in an accident?

When one is in an accident they are often in a state of shock. The first and most important thing for you to do is take care of yourself and seek medical treatment. The insurance and legal issues can wait. In fact, it should be the last step you take should you find yourself in an accident. You have up to three years in the State of New Hampshire to file a lawsuit, if needed. In a majority of circumstances, a lawsuit is never even filed.

Why call McGrath Law Firm?

Most people believe they call their insurance company and let them deal with it and all’s well that ends well. This is not always the case. Often, an insurance company will devalue the claim and not pay what you think is fair. The paperwork can be complicated. It is a fact, a claim handled through the McGrath Law Firm will get better results. You will have to decide if it is worth it to hire an experienced lawyer (at McGrath Law Firm an injury claim would be billed contingency – which means if you don’t get any money, neither will the McGrath Law Firm) or attempt to negotiate with the low offer given to you by the insurance company.

Contact Us!

The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by former federal prosecutor, Peter McGrath, will walk you through every step of the challenging process to address your concerns and achieve your goals as efficiently as possible. From personal injury, criminal law and estate planning, 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 law. Call us to schedule your consultation at (603) 224-7111.

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.