Divorce & Family Law
The Family Law Group at McLane Middleton handles all aspects of family law, including the preparation and execution of prenuptial agreements, legal separations, divorce and annulments. McLane Middleton's family law lawyers work with you to guide you through the process and ensure that your best interests are protected.
Our lawyers work with many sophisticated matters and have the depth, experience and expertise to handle the most substantial and challenging divorce disputes. At the same time, our professionals recognize that there are many emotional ramifications in these cases and take the utmost care in striking the right balance for each particular situation.
Read more on our blog: The New Hampshire Guide to Family Law.
Divorce & Parenting
The Family Law Practice Group attorneys at McLane Middleton are skilled at handling the legal and emotional challenges of divorce proceedings. Divorces often involve complex issues related to the valuation and transfer of property, such as interests in real estate, pensions, 401(k) accounts, IRAs, retirement and other accounts as well as subchapter S corporations, closely held businesses, partnerships, stock options and patents. McLane Middleton has the expertise to handle all related tax issues, the preparation of QDROs to transfer interests in 401(k) accounts and other retirement plans, and the transfer of interests in real estate, businesses and corporations. We draw upon assistance from the most qualified professionals to handle all aspects of your case.
For couples with minor children divorces often involve difficult and emotional issues regarding parenting rights and responsibilities. Our attorneys and paralegals offer sound advice and experience in guiding you in making decisions in these matters and in asserting and protecting your rights.
Property and Asset Distribution
The Family Law attorneys at McLane Middleton are experienced in addressing all manner of assets and their division and distribution including cases that involve substantial assets and may include: closely held business entities or partnership interests; stock options; trusts; real estate; collectible or unusual assets; and various forms of investment and retirement assets, including pensions and related tax issues. McLane Middleton has the depth of resources to handle complex asset valuation and division of any type, whether through collaborative law, mediation, negotiation or litigation.
McLane Middleton Family Law attorneys are well-versed in handling parental rights issues, including allocation of decision-making responsibilities, development of a parenting schedule, relocation disputes and modification of parenting plans. McLane Middleton's Family Law Group includes trained marital mediators and collaborative practitioners who can assist parents in working out agreements on parenting issues. In the absence of agreement, our group's experienced litigators vigorously protect our client's parental rights in court.
Issues of child support and alimony on both a temporary (payable while the divorce is pending) and permanent basis (ordered as part of the final divorce decree) are important issues to be addressed in the divorce proceedings.
Our Family Law attorneys often help clients draft prenuptial agreements prior to their marriages. McLane Middleton Family Law attorneys can provide important guidance to ensure timely and efficient preparation of such an agreement during what is a very happy time for a couple. Prenuptial agreements can be very creative, flexible and can address a wide variety of issues. They are increasingly common in today's society. Sometimes a prenuptial agreement is disputed in divorce. Our attorneys are also experienced in litigating the enforceability of terms and clauses in these agreements.
The knowledgeable domestic relations attorneys at McLane Middleton have experience in handling all aspects of marriage dissolution, including legal separation. We review all options with our clients and counsel them on the right course that best fits their goals and objectives.
McLane Middleton's Family Law Practice Group includes lawyers who are trained Collaborative Law Practitioners and Marital Mediators. In a collaborative divorce, the parties and their lawyers pledge to reach an agreement without court involvement either through negotiations between the parties and counsel alone, or with the help of a mediator. This is often hard to accomplish without tried and tested strategies, and why specialized training is needed for collaborative law practitioners and marital mediators. Both methods offer strategies for resolving disputes in a way that emphasizes cooperation between the parties.
Our attorneys are highly skilled in the practice of mediation and dispute resolution. Our goal in such cases is to help parties through complicated divorces quickly, efficiently and as cooperatively as possible. Mediation provides an opportunity for parties to design the outcome of their divorce. It proceeds on a schedule acceptable to the parties. For parties with full knowledge of their income and assets, that may be a matter of weeks; for others it is often longer. Under any circumstances, mediation will be a more expedient, amicable and cost-efficient way to resolve a divorce than litigation.
Parties may mediate a case before or after filing for divorce. Under court rules in New Hampshire and Massachusetts, parties in most divorce cases will be expected to mediate their differences, in an effort to preserve co-parenting relationships and minimize acrimonious litigation. Angry litigation between parents negatively affects the children, often tainting interactions for years after a divorce. By diverting cases to mediation before litigation, the court has increased the number of family law disputes settled by agreement. Our knowledgeable and experienced family law attorneys successfully guide clients through the mediation process on a regular basis. If efforts to settle fail, our team of skilled litigators capably guide clients through the contested divorce process. Whether the case is mediated or goes to trial, we handle every phase of the case from start to finish.
Family Law Litigation
Our experienced team of litigators represents clients in all courts throughout New Hampshire and Massachusetts. They have been repeatedly recognized for their work by various peer recognition organizations and served as elected officers of the New Hampshire Bar Association and elected leaders of numerous family law organizations and practice groups. The members of McLane’s Family Law Group are frequent members on panels for continuing legal education programs.
Our family law litigation team focuses on complicated marital matters. Its clients are able to efficiently draw on the advice and expertise of the Firm’s many other practice groups for assistance with corporate, business valuation, real estate, trust, pension, tax, employment and criminal issues. We understand the deep financial and emotional impact that these cases have on the individuals involved, both before and after resolution of the case. If a family law issue is unable to be resolved and must be litigated, our team of professionals will work together to provide excellent client service and accessibility to minimize the upset and distraction imposed by the litigation upon our client. We will provide excellent yet efficient service, prompt responses to inquiries, practical advice and ensure that each client understands the case status, developments and available options as the case moves forward.
McLane Middleton’s Criminal Law Practice Group is diversely experienced in the criminal law system and best represents its clients in state and federal courts in New England. Whether a client is charged with a traffic violation or is involved in a complicated white collar prosecution, our attorneys work collaboratively with our clients to prepare and try these cases with our client’s interest at the core.
Our criminal defense team also conducts internal corporate investigations with regard to alleged wrongdoings by employees, officers and directors, and defends clients in False Claim Acts, and whistleblower lawsuits. McLane Middleton attorneys are deeply sensitive to their client’s situation and lead the case with expertise and professionalism. Our attorneys repeatedly attain success in resolving many of these matters in court or without any formal charges.
McLane Middleton’s Criminal Law Practice Group also manages incidents involving the following allegations:
- Defense/Government contractor
- Tax evasion
- Bank robbery
- Sexual assault
- Environmental contamination
- Bank fraud
- Domestic assault
- Unlawful firearm possession
- Drug possession and trafficking
- Immigration fraud
McLane Middleton has substantial experience and expertise handling all types of contested probate disputes, including:
- Will contests
- Fiduciary duty claims
- Civil Commitments
- Accounting actions
- Common law marriage claims
- Elder exploitation issues
- Partition actions
- Constructive trust claims
Through ProbateTrial.com, we provide guidance and commentary to the bar and public on important and developing probate litigation news and case law.
When assets of an aging family member are being depleted due to impaired judgment or exploitation, we can provide quick and efficient representation to help address the issue.
We understand the complex mental health issues related to aging. We have working relationships with geriatric psychiatrists and other medical and mental health professionals. We are sensitive to family dynamics and the unique pressures faced by families working hard to protect aging family members and their assets.
Our team includes: Ralph Holmes, Adam Hamel, Dianne Ricardo, Lexi Cote, and A.J. Schweitzer.
McLane Middleton is a leader in New Hampshire in handling serious claims for personal injury or wrongful death suffered by our clients. In an age of more complicated machinery, dangerous and defective products, and high-speed transportation the reality is that any of us may suffer a personal injury, perhaps even a severe injury, due to no fault of our own. For decades we have worked diligently to obtain fair and just compensation for individuals from all walks of life that have been hurt in accidents.
McLane Middleton attorneys are rated among the finest trial attorneys in New England. We evaluate, prepare and advocate your personal injury claim. Most personal injury claims involve recovering funds to pay for medical bills and expenses, lost earnings, pain and suffering damages, as well as any permanent disabilities or emotional or psychological injuries. We effectively negotiate settlements. However, when cases do not settle prior to trial our skilled trial attorneys will aggressively and effectively present your case in court. Because we are a full-service law firm, we can provide the precise expertise and professional background suited to your case.
The types of personal injury cases we handle include:
- Automobile accidents
- Medical negligence
- Wrongful death claims
- Head injury
- Slip-and-fall injuries
- Defective products
- Construction accidents
- Hazardous waste and environmental litigation
- Boating and aviation accidents
- Injuries to children
- Civil rights cases
- Insurance claims
- Job-related injuries
- Toxic torts
Your initial consultation with the firm is normally at no cost. Cases are most often handled on a contingent fee basis, which means our fee is based on a percentage of the recovery we achieve for you and is paid from the funds recovered in a settlement or court.
For over 30 years McLane Middleton has been seen as a leader among New Hampshire attorneys in handling and successfully trying claims of medical negligence. McLane Middleton attorneys have tried many medical negligence cases to verdict and resolved many more by means of settlement. Many of our clients have received verdicts or settlements of multiple millions of dollars.
All of our medical malpractice attorneys are listed in Best Lawyers in America® and are recognized throughout New England as leaders in this field. We have the economic, professional, and technological resources to successfully litigate the most difficult cases. No better measure of our reputation and expertise is the fact that many lawyers from outside the firm refer to us clients who have suffered catastrophic medical injuries.
Medical malpractice cases are challenging and hard fought. The legal requirements for an injured person to prevail are demanding and require testimony from experts on every element of a claim. We have the resources and experience to locate and engage preeminent medical experts, vigorously litigate a case through discovery and trial, and maximize the chances for a favorable recovery by verdict or settlement.
We have experience handling a broad array of medical malpractice cases, including the following issues:
Cancer - Failure to timely diagnose or treat lung, bowel, breast, colon and skin cancer.
Obstetrics - Failure to diagnose and treat conditions leading to cerebral palsy, including fetal distress, gestational diabetes, uterine rupture, abnormal labor, chorioamnionitis, and meconium aspiration.
Nursing Home and Hospital Care - Failure to provide adequate nursing and other care.
Internal Medicine and Family Medicine - Failure to diagnose and treat developing life threatening conditions, such as heart attack, cancer, intestinal blockage or torsion, blood disorders, and heart disease.
Radiology - Failure to interpret correctly X-ray, CT, MRI, ultrasound, and other studies.
Pathology - Failure to interpret histology and other studies.
Surgery - Failure to properly perform surgery and failure to diagnose and treat post-operative infections.
Emergency Medicine - Failure to diagnose and treat developing life threatening conditions, such as trauma, brain injury, infectious disease, heart attack, and cancer.
Orthopedic - Failure to properly perform surgery, including joint replacement, arthroscopic, and other surgeries.
Psychiatry - Failure to protect patient from the risk of suicide.
Anesthesiology - Failure to properly intubate or extubate.
Urology - Failure to protect the patient from injury to the ureters and bladder.
We handle medical malpractice cases on a contingent fee basis, which means our fee is based on a percentage of the recovery we achieve for you and is paid from the funds recovered in a settlement or court verdict.
Trusts and Estates
The Trusts & Estates Department at McLane Middleton is designed to meet all of your estate planning needs. We will work with you to devise an estate plan that achieves your goals, and minimizes administrative costs and taxes.
Our services cover essentially all aspects of estate planning, including:
- Creating and implementing plan documents
- Serving in fiduciary capacities
- Administering trusts
- Probating wills
- Assisting with the transfer of non-probate assets
- Tax planning
Members of our Trusts & Estate Practice Department are fellows of the American College of Trust and Estate Counsel (ACTEC), members of the New Hampshire Trust Council, and have written a number of articles related to estate planning. Learn more about McLane Middleton's trusts and estates services.
McLane Middleton's tax law department is knowledgeable and experienced in assisting clients on a variety of tax-related transactions and business and tax planning matters, including:
- Small, closely held businesses
- Multinational conglomerates
- Tax Exempt Entities
- Buyers and Sellers
Review all of McLane Middleton's tax department's services.
McLane Middleton's Immigration Practice Group specializes in immigration and nationality law, with emphasis on business and employment immigration. Because of the federal nature of immigration practice, we have the flexibility to represent clients in New Hampshire, throughout New England and the United States, and around the world. Our firm assists corporate and individual clients, whether inside or outside the United States.
Read more about McLane Middleton's immigration law group.