Derry is a town in Rockingham County with a population of approximately 33,000 residents. In fact, it is the fourth-most populated community in New Hampshire. Some of the sites for which it is famous include the Adams Memorial Opera House, the Derry Historical Society & Museum, and the Robert Frost Farm, which is designated as a National Historic Landmark. However, sometimes people in Derry find that they need to end a marriage. There are few life experiences that are more stressful and emotionally draining than a divorce. If you or someone close to you is going through a divorce, it is important to reach out to a skilled Derry divorce lawyer who can protect your interests. At Tenn And Tenn, P.A., we have helped many New Hampshire residents resolve their family law matters, and we can help you as well.The Procedures Surrounding a Divorce
When it comes to divorce, New Hampshire is a mixed state, meaning that you can use either no-fault or fault grounds as the basis for seeking a divorce. A no-fault divorce simply seeks a divorce on the basis of “irreconcilable differences,” which just means that the marriage has broken down beyond the point of repair. You may also file for divorce based on fault if you can establish that your spouse was guilty of adultery, physical or mental cruelty, alcohol abuse, or abandonment for more than two years.
New Hampshire law mandates that certain residency requirements be met before a person can file for divorce. To file for divorce in the state, the filing spouse must have been a New Hampshire resident for at least one year before filing for divorce, and you may file your petition in the county where either spouse lives. It is important to note that there is no waiting period for divorce in New Hampshire; the court will finalize the divorce and enter a divorce decree once the spouse proves the grounds, whether it is fault-based or no-fault. Our divorce attorneys can assist Derry residents with filing the petition and the other procedures.
Marital property refers to any property, including income and real property, that was acquired over the course of the marriage. New Hampshire is an equitable distribution state, which means that courts presume that marital property should be divided 50-50. However, the court will listen to arguments from both sides about why a different division may be fairer. The court can consider several factors, such as each spouse’s education and earning potential, their financial resources, and the needs of a parent who has custody of children, and it can adjust the division of property according to what it deems fair, even if this is not necessarily exactly equal.
In any divorce proceeding, child custody can be a difficult and emotionally charged issue. Like other states, New Hampshire presumes that it is best for a child to have frequent and continuing contact with both parents even after a divorce. As a result, joint custody arrangements are highly favored. However, either parent can rebut this presumption. Our Derry divorce attorneys can advocate for your interests and advise you on which custody arrangement is likely to be approved by the court.
Under state law, all custody determinations are based on the “best interest of the child” standard. This is a standard that gives a court broad discretion to consider any factor that may be relevant to the child’s overall health, safety, and development. Some examples of factors that the court will typically consider include each parent’s relationship with the child, the child’s age, the child’s wishes, and each parent’s willingness and ability to co-parent.Contact a Knowledgeable Divorce Lawyer in Derry
While divorce is undoubtedly difficult, the goal of the process is to make sure that your long-term interests are protected. With nearly 20 years of experience, the attorneys at Tenn And Tenn are committed to helping New Hampshire clients navigate this difficult time in their life. You can rest assured that we are here to guard your rights at every step of the way. To discuss your case in more detail, call us at 888-511-1010 or 603-624-3700. Alternatively, you can reach us online through our website.