Family Practice

When people heart the word “divorce”, they usually think of a lengthy, expensive and emotionaly devastating legal process. This perception of divorce is often enough to keep people from considering it, even when it may be in their best interests. Divorce does not have to be this way.

When two parties legally marry, choosing to combine their assets, potentially have children and advance their careers together, divorce does not immediately separate every aspect. The laws in New Hampshire and Massachusetts recognize the need for former spouses to support each other, to ensure neither is unfairly disadvantaged at the expense of the other.

The foundation of a well-established prenuptial or postnuptial agreement should address issues that would aries in the event of a legal separation or divorce. These contracts should also provide for what would happen to the personal property and real estate upon the death of one party.

If you have an underlying court order, whether it is a Final Decree, Parenting Plan or Separation Agreement, and wish to make a change in the order, a modification might be appropriate. There are distinct laws that pertain to the modification of alimony, child support or child custody / parenting plan and Smith-Weiss Shepard & Kanakis, P.C. can help you in your pursuit of a modification.

A reality of pre or post-divorce proceedings sometimes involves filing for restraining orders or abuse prevention orders against a party. A civil restraining order is a court order telling someone to stay away from you or to stop

Guardianships are necessary when a person is unable to provide for his or her basic needs of food, shelter, clothing, health care, safety, and/or is unable to manage financial affairs. There are generally two types of guardianships: guardianship of a minor and guardianship of an “incapacitated” person.