New Hampshire Litigated Divorce
According to the Center for Disease Control (CDC), the divorce rate in the U.S. is 3.6 (per 1,000 residents). In 2011, New Hampshire had a divorce rate of 3.8 which was slightly above the average. One of the most common ways couples divorce is through litigation. This process involves parties taking legal action against each other. When both parties cannot agree on issues in their divorce, they may choose to have a judge decide for them. During the litigation divorce process, both parties will present their issues in front of a judge who will then issue written findings.
Litigated divorces often involve parties who are opponents or adversaries and actually fosters a sense of competition. Common issues that are subject to debate during the litigation divorce process include:
- Assets and debts
- Custody of children
- Visitation schedule schedules
- Child support
- Alimony or spousal support
Though most divorces in New Hampshire are settled using this process, it does not necessarily mean that litigation is the best way to handle a divorce. As one author states, litigated divorce "can be one of the most challenging times in their lives and each day is a struggle." For this reason, parties should consider all of their divorce settlement options.
The New Hampshire Divorce Litigation Process
The process of a litigated divorce is usually longer and more expensive than any other divorce option. The divorce process begins by the filing of a Petition for Divorce. If it is a contested divorce, the other party must be served with the petition and will need to file an answer. Both parties should then hire a divorce litigation attorney to represent them in court. The attorneys will then work to get a picture of the couple's financial situation including assets and debts.
This divorce option is also very invasive. In order to get a litigated divorce, both parties will need to obtain financial records, business information and any other relevant documentation. Witnesses and other parties may even be subpoenaed to give depositions for the court. Parties who choose litigation must both hire attorneys that will work to prepare for trial. This can lead to steep lawyers' fees that are often unnecessary. During the litigation process, parties often reach agreements on their own allowing them to avoid the judge's ruling. In fact, most litigated divorces end up settling out of court.
Call a NH Divorce Attorney
Ligated Divorce can be very hard on parties and their families. The process has been described as a marathon that can take a serious emotional toll on people. In order to save money, time and stress, anyone divorcing in New Hampshire should consider alternative divorce methods such as Collaborative Divorce. In a Collaborative Divorce, parties work with each other to reach a divorce agreement that is beneficial to all parties. The advantages to this method are numerous.
If you are thinking about filing for divorce in New Hampshire and would like to know more about Collaborative Divorce contact Russman Law right away. It is important to hire a divorce attorney who understands your needs.