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Whether confronted with the challenge of a divorce, child support review, post-divorce dispute or another family law issue that seems confusing, our experienced attorneys are here to help. Welcome to the Devine Millimet Family Law blog! It is our goal that this blog will serve as a resource about New Hampshire family law, as well as providing interesting news about family law across the country. We look forward to bringing you the news and information on changes in New Hampshire family law…

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More Grounds Available to Modify NH Parenting Plans

More Grounds Available to Modify NH Parenting Plans

Effective January 1, 2017, House Bill 1280 adds three additional grounds for modification of parenting plans to RSA 461-A:11, New Hampshire’s statute controlling the circumstances under which the Family Division Court may modify an existing parenting plan. The NH statute is widely viewed as purposefully tough on granting modifications, the intent being to reduce custody litigation and avoid changes to the schedule every few years or for reasons seen as non-substantial. The unintended side effect of such rigidity, however, is…

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Collaborative Law In Divorce Cases

Collaborative Law In Divorce Cases

The traditional divorce case is initiated by filing a Petition for Divorce with the Family Division of the Circuit Court.  The parties, each represented by lawyers of their choice, may ask the Court for temporary orders early in the case – orders that will govern, on a temporary basis, the parties’ living circumstances, financial circumstances and obligations, and their respective parenting time with the children.  Under this traditional litigation model, the parties place issues before the Court, requesting that the…

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Post-Divorce Child Support on the Move

Post-Divorce Child Support on the Move

Post-divorce child support matters can be complicated where one or both of the parties have moved to a new state following the divorce. There are invariably numerous occasions to return to court after divorce, seeking to hold a parent in contempt for nonpayment, to modify or terminate the amount of support being paid, or to ask the court to establish how much each parent should contribute toward college expenses. If you live in New Hampshire but were divorced in Massachusetts,…

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U.S. Department of Labor Seeks to Expand Definition of “Spouse” Under FMLA

U.S. Department of Labor Seeks to Expand Definition of “Spouse” Under FMLA

Recently, the U.S. Department of Labor (“USDOL”) issued a notice of proposed rulemaking regarding the definition of “spouse” under the federal Family and Medical Leave Act (“FMLA”). (See Notice available here). The proposed rule would expand the definition of “spouse” to include all legally married, same-sex spouses, regardless of where they reside at the time FMLA leave is requested. For more information please click here to read the Devine Millimet Labor, Employment & Employee Benefits Practice Group newsletter.

Domestic Violence Bill Headed to Become Law

Domestic Violence Bill Headed to Become Law

In a follow up to our blog post of January 17, 2014, a bill introduced by the New Hampshire Senate (Senate Bill 318-FN), has passed the House on a 325-3 vote and is slated to be signed by Governor Maggie Hassan. The bill title “Joshua’s Law” is named after Joshua Savyon, a 9-year old boy shot and killed by his father at a Manchester visitation center in August 2013.  The bill does not change current criminal law or penalties but…

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Japan Ratifies Hague Convention

Japan Ratifies Hague Convention

Japan became the 91st Contracting State to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction. Japan signed the treaty on January 24, 2014 and it will become effective in Japan on April 1, 2014. The Hague Convention is the major international treaty that covers parental child abduction.  It provides a detailed, uniform process for the speedy review and resolution of child abduction cases. In 2013, Albania, Singapore and the Ukraine also became signatories…

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What’s In A Name?

What’s In A Name?

“What’s in a name? That which we call a rose By any other name would smell as sweet.” Romeo and Juliet (II, ii, 1-2) Senate Bill 201 is pending in the New Hampshire legislature that provides for the following last name possibilities upon marriage: 1) either party may retain their last name prior to the marriage; 2) either party may change their last name to the last name of the other party; or 3) either party may change their last…

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A bill establishing the crime of domestic violence

A bill establishing the crime of domestic violence

Recently introduced New Hampshire Senate bill 318-FN would establish the crime of domestic violence. It adds a new section, RSA 631:2-b titled “Domestic Violence” which provides that a person is guilty of domestic violence if the person commits one of several crimes against a family or household member or intimate partner. In the notes accompanying the bill, it states that the Judicial Branch notes that it may not result in a change of cases handled by the Branch, as it…

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When is a text message criminal threatening?

When is a text message criminal threatening?

When is a text message criminal threatening for the purposes of New Hampshire’s domestic violence statute? In a case decided in late December 2013, the New Hampshire Supreme Court weighed in on that very issue. In Nathalie Hurley v. Craig Hurley, — A.3d —-, 2013 WL 6697863, N.H., December 20, 2013 (NO. 2013-263), the Defendant appealed an order of the Circuit Court granting a domestic violence final order of protection to the Plaintiff. The parties had been divorced since 2008….

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