Frequently Asked Questions:
What makes a divorce “complex”?
Complexity often refers to the nature of the assets that are subject to valuation and division rather than the intensity of the conflict between the parties. Closely held businesses, executive compensation, trust interests, or real estate portfolios may require expert valuation before they can be addressed during the process of property division under New Hampshire, Massachusetts, or Maine law. Cases involving these complex assets call for attorneys who work with valuation and financial experts as a matter of course, not as an exception.
How do you handle trust assets or inherited wealth in a divorce?
Wealth that originated outside the marriage, through a trust or inheritance, is not always subject to division in a divorce. We work with our firm’s trusts and estates attorneys to trace the origin and treatment of these assets and to build the record needed to protect a client’s generational wealth, to the furthest extent possible.
What happens if my case can’t be settled and has to go to trial?
We analyze every case from its inception as though it will ultimately go to trial. Through the creation of a comprehensive and thoughtful strategy for the development and analysis of relevant evidence, we can more easily pursue a negotiated resolution. If negotiations are not successful, our Family Law Group has the litigation expertise to successfully try a case: attorneys with genuine courtroom experience, and access to the forensic accountants and valuation experts needed to present a complete record to the court.
Do you handle appeals?
Yes. Our attorneys have argued on behalf of our clients before the New Hampshire Supreme Court on a variety of family law appeals and draw upon the firm’s broader appellate practice group when a case requires.
What’s the difference between custody and “parental rights and responsibilities”?
New Hampshire and Maine no longer use the term “custody” in their family law statutes. Instead, both states use “parental rights and responsibilities” to describe decision-making authority and residential schedule. Massachusetts law still uses “legal custody” and “physical custody.” Regardless of terminology, every state applies a best-interests-of-the-child standard, and cases involving children require a parenting plan addressing decision-making and residential time. Our Family Law Group will work to protect the interests of your children.
