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Family Law
Family Law encompasses several areas, including divorce; legal separation; parenting rights; domestic violence and restraining orders; child support modification and/or enforcement; grandparents' visitation; abuse and neglect; juvenile law and children in need of services (CHINS). There are different laws that relate to each of these areas. The lawyers at Barnes, Boehm & Wright have been handling these types of cases expertly for more than 25 years.
Matters we can help you with:
Divorce/Separation
Experts say that a divorce is one of the five most stressful events in a person's life. A person going through a divorce will experience a variety of emotions, from sadness to anger to frustration. These emotions are often affected by a number of things inherent in the process, including claims made by the opposing party, whether true or false; the discomfort of having to appear at court; the need to testify in open court, and in the presence of the opposing party; or concerns about the impact that the proceeding will have on the children.
The attorneys at Barnes, Boehm & Wright are experienced litigators and stand ready to represent our clients' interests at any given time in any court setting. However, we are aware that other resources are available to our clients during this difficult time in their lives. We frequently refer our clients to other professionals including accountants, realtors, financial advisors, appraisers and most importantly, counselors. Over the years, we have developed a strong and reliable network of resources which we can call upon to offer assistance to our clients when issues arise.
Here at Barnes, Boehm & Wright, we focus on our client's goals. At every meeting with you, our client, we will be looking to you to define your goals and to prioritize the issues that are important to you, both now and in the future. We believe that with our legal guidance and experience, we can assist you in making the right choices for you and your family.
Your initial consultation is free, at which time we will discuss with you not only your goals and how we can help you to achieve them, but the legal process of divorce, as well as court procedure. If you are considering mediation before filing for a divorce or legal separation, we can assist you in that process in order to ensure that you rights are protected, and that future litigation resulting from misinterpretations and omissions is avoided.
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Children
New Hampshire has recently revised its laws regarding "custody". As of October 1, 2005, New Hampshire law deals with "Parenting Rights and Responsibilities" rather than custody. In addition, New Hampshire is moving toward the concept of family courts, with a strong emphasis on mediation. When parents divorce, it is difficult on all parties, but especially difficult for the children. We recognize this at Barnes, Boehm & Wright. For this reason, we represent not only the adults in family law matters, but also children. This representation includes acting as their Guardian ad Litem in family law and probate matters, as well as their attorney in juvenile matters.
Except in extreme cases, when parties divorce, it is important to recognize that they will still be the parents of their children. Parties may divorce each other, but they do not divorce their children. It is important, especially given the parameters of the law, that parents have legal counsel to review Parenting Plans that the court expects to be filed in every divorce or family matter in which minor children are involved. Parenting Plans must include issues such as decision-making authority; where the children will live; how often the children will spend time with each parent; what school the children will attend; which records the parents are able to receive; how often the parents will meet to discuss issues concerning the children, and how future disputes will be resolved.
As parents ourselves, we care about children and their needs during a divorce or parenting dispute. We will work with you to ensure that your children's best interests are met and that they receive the support and assistance they need through counselors, school resources, and most importantly, their parents.
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Property Division
Aside from issues involving the children, the most heavily-disputed area of Family Law is in the distribution of marital property. "Property" includes not only real estate, such as the marital home, but also bank accounts, motor vehicles, special collections, retirement funds and debt. A divorce will usually have a major impact on the financial circumstances of the parties. Because emotions, rather than reason, may dictate actions, it is important to seek out legal representation immediately upon considering a divorce and/or separation. The attorneys at Barnes, Boehm and Wright will help you to move quickly to protect your interests and secure your assets so that you suffer no losses before an agreement can be reached with your spouse or the court issues orders.
Child Support and Alimony
In cases where minor children are involved, the court will issue orders pertaining to support for the minor children. The State has developed a formula by which the court can determine how much money will be paid to the parent with whom the children reside. There are a number of factors the court will consider when deviating from this set formula.
With alimony, unlike child support, there is no set formula to determine the amount of monies that one spouse may be ordered to pay to the other. There are a number of factors to consider in determining alimony, including the length of the marriage, the income of the parties, the ability to earn future income, and the needs of the receiving party.
It is vital to a client's interest that they seek out legal representation to assist them with these complex issues. The attorneys at Barnes, Boehm & Wright are experienced in the areas of determining child support and alimony. Because of this experience, we are able to assist our clients in ensuring that they either receive the monies that are due them, or pay only what is reasonable under the circumstances.
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Domestic Violence
Despite our primary focus being on family, we recognize that in some cases circumstances exist that require immediate intervention to protect our clients and their children from physical and emotional harm. We are experienced in both prosecuting domestic violence petitions under N.H. R.S.A. 173B for victims who have suffered such abuse, as well as defending malicious and false allegations against our clients. As there are criminal liabilities and long term implications of restraining orders, these petitions must not be taken lightly, and immediate assistance from a competent attorney such as those at Barnes, Boehm & Wright should be secured in order to protect your rights.
Grandparents' Rights
In New Hampshire, the courts recognize the rights of grandparents to visit with their grandchildren. In some cases, grandparents are excluded from their grandchildren's lives by one or both of the children's parents. In certain circumstances, the law in New Hampshire allows you to petition the court for specific visitation time with your grandchildren.
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Why you need a lawyer
It is often difficult to have a realistic perspective about your future, especially during times of great stress and conflict. This is where your lawyer can be most helpful. A lawyer is not emotionally involved to the same extent you are in the conflict.
The lawyers at Barnes, Boehm & Wright can help you keep focused on the best future for you and your family. The choice will always be yours when the issue is how to proceed, but we will help you realize what future ramifications those choices will have for you. We believe that a cool head, a steady hand and our legal expertise can save you much heartache and expense in the future.
Sometimes, however, you are faced with a situation where some effort being made by the other side, if successful, will cause significant problems or pain for you. At such times, it is necessary to fight vigorously against such effort. When such a situation arises, you need a lawyer who will meet the challenge with appropriate force and effort. A lawyer's distance from the emotion of the situation gives them a better perspective on the necessary tactics to head off the problem. At such time, you need strong, effective representation that the lawyers of Barnes, Boehm & Wright can offer.
The lawyers at Barnes Boehm &Wright can and will represent your interests every step of the way. At the same time, we will counsel you in setting realistic goals. We will vigorously oppose efforts that interfere with your interests or cause you pain. The legal action that you are engaged in will have a profound effect on your future. Be well represented. Be well advised.
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