Legal Question in Family Law in New Hampshire

Divorce

If you mutually agree to divorce, is there any advantage or disadvantage to filing first.


Asked on 6/23/08, 9:32 am

1 Answer from Attorneys

Bruce L. Dorner Dorner Law Office

Re: Divorce

New Hampshire has a procedure to file what is called a "Joint Petition for Divorce." This permits the parties to work out all the details and then file the request for the divorce, the settlement agreement, and all supporting documents at one time. This procedure avoids that imposition of court schedules on the parties when some further negoitation may be needed to resolve differences. In essence, settle first and file later is often preferable if both of you are in agreement.

I do urge that each of you consult with an attorney. I can't tell you the number of times I encouter a problem a year or two after the parties did their own divorce paperwork and find huge problems which require multiple and expensive trips to court to update what they thought was a good settlement.

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Answered on 6/23/08, 10:51 am


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