Associated Attorneys of New England 2026-05-14T10:39:49Z https://www.associatedattorneysne.com/feed/atom/ WordPress /wp-content/uploads/sites/1601256/2020/10/cropped-AANE_FAV-32x32.png On Behalf of Associated Attorneys of New England https://www.associatedattorneysne.com/?p=46073 2025-06-11T05:37:09Z 2016-09-20T04:36:35Z

not settle – it is, understandably, hard to compromise or settle a case where our children and our emotional connections to romantic partners are concerned. So your family law case is heading to a final hearing.  It may be heading for a trial lasting several days, or only a few hours.  What can you do to prepare for the final hearing in your family case? Step 1: Was there a pretrial hearing?  Were pretrial orders issued? Most family law cases will have a pretrial hearing, or at least some sort of hearing, before the final hearing.  Courts may call it a pretrial hearing or a pretrial conference but the purpose of the hearing is the same: to get all parties in the room and prepare everyone for the coming trial. These hearings are important because judges or hearings officers will issue orders before the trial that dictate several important deadlines.  Deadlines for exhibits to be submitted, for Proposed Final Orders, and to submit lists of witnesses may all be set by the pretrial orders.  Step 2: What if there are no pretrial orders? If the Court doesn’t issue pretrial orders, then the Family Division Rules set very important deadlines for submitted material before the final hearing.  They are as follows: Exhibits – 30 days before Final Hearing Proposed Final Orders – 30 days before Final Hearing Witness Lists – 30 days before Final Hearing Financial Affidavit – 7 days before Final Hearing Agreements between parties – 7 days before Final Hearing Please see Family Division Rule 2.24 for more information.  Step 3: What should I use for exhibits? How do I prepare my exhibits? The items you use as exhibits should be relevant to the final hearing and should be reliable evidence.  This can be a broad and sweeping category, so it makes sense to discuss what shouldn’t be a trial exhibit, instead. You should not use previous Court Orders as exhibits.  The Court already has these in their file and does not need additional copies.  You should not use documents that you or your witnesses could not ‘authenticate’ for the Court.  Either you, or a witness you call, should be able to verify that the document is authentic and accurate for the Court. I frequently see parties use social media printouts (such as printed copies of Facebook comments or Tweets), phone records, medical documents, prior agreements between the parties, emails, letters, and text messages.  All of these are acceptable exhibits for evidence –as long as you can verify where they came from and show the Court that they are authentic and accurate documents. To prepare your exhibits, make sure you make plenty of legible copies of each exhibit.  You need at least one for you, one for the Court, and enough copies for all other parties involved to each have one.  You may want to label them with letters or numbers (Exhibit A, Exhibit 1, etc).  Double check any pretrial orders that you have, as they may specify which party should use which designations (for example, the Court may ask that the Petitioner use letters and the Respondent use numbers). It’s good practice to have a cover sheet or table of contents detailing which exhibits are what documents.  This makes it easier for a judge to access the correct exhibit at the right time. Make sure that you provide all copies to all parties in compliance with the deadlines from the pretrial order or the Family Division Rules.  Failure to do so could lead to an objection, a default judgment, or the exhibits could be precluded from the record.  Step 4: Who do I call for a witness? How do I prepare my witness list? You may call anyone with case information to be a witness. To prepare a witness list, list everyone who you might reasonably call.  Just because a party is on a witness list doesn’t mean that they must come to court for the hearing!  However, a witness can be precluded from the final hearing if they haven’t been listed on a timely-submitted witness list. Prepare your list of potential witnesses and submit it to all other parties and to the Court in a timely manner in compliance with all Court orders and rules.  The list should detail the name of each person you may call, their address, and a phone number where they can be reached.  Step 5: What do I write for my Proposed Final Orders? You should also submit proposed Final Orders to the Court in compliance with any applicable deadlines from the Family Division Rules, and any pretrial orders. Proposed final orders should reflect what you want to happen in your case.  They are a way for the Court to see clearly what you are asking them to do in their ruling. Depending on the case, prepare the following: Uniform Support Order (Child Support): Parenting Plan (Minor children / Custody): Final Decree (Divorce):  Decree on Parenting (Unmarried parties, custody cases):  Again, all copies of proposed final orders must go to all parties in compliance with deadlines.  Step 6: It didn’t go well! What do I do now? A final hearing or final trial isn’t necessarily the end of your case.  If the judgment was not favorable, then you can file a Motion to Reconsider.  Motions to Reconsider must be filed within ten days of the Final Orders and any Motion to Reconsider must contain issues you may want to appeal later on. If the Motion to Reconsider isn’t successful then you can appeal your case to the New Hampshire Supreme Court.  You have thirty days from the issuing of Final Orders to do so.  Be cautious, however – the Supreme Court will not issue a new Final Decree.  Instead, if they are convinced that the Final Orders were improper, they will order the case to be remanded back to the lower courts.  You will then have to re-try your case all over again at another final hearing. Finally, take note that in New Hampshire, contested divorces do not become final until their listed Judgment Day, which is 30 days after the Final Orders are issued. Conclusion: If you aren’t used to doing them for a living, Final Hearings are difficult.  They can be stressful, confusing, and emotionally draining.  I often have clients hire me solely for their final hearings or trials to make sure that they do not miss a crucial deadline or forget to mention a critical fact.  Nobody should have to go into a trial alone without an attorney to help them through and make sure that all of their rights are protected. I offer very affordable flat rates as well as reasonable hourly rates for family law legal services, research, document preparation, trial and trial preparation.  If you are heading for a Final Hearing, please contact me or call my firm at [nap_phone id="LOCAL-CT-NUMBER-2"] to discuss further.  I offer free consults, with nighttime and weekend hours by appointment.]]> On Behalf of Associated Attorneys of New England https://www.associatedattorneysne.com/?p=46074 2022-06-10T06:50:20Z 2016-06-27T04:36:42Z

contact us in the event of an incident, your chances of preserving your driving rights and freedoms will improve. With that said, the BEST way to avoid trouble is to call a cab, order an UBER, or set a designated driver. We all have that friend who has a “fool proof” way to avoid being charged with a DUI. Not surprisingly that friend is usually ill informed. We can look at the interplay between New Hampshire Laws, and determine what to do, in the following steps:

1. Ask the police (politely) why you were stopped This step may seem obvious, but in order to pull you over the officer has to catch you breaking the law, or be able to invoke a relevant exception. Part I, Article 19 of the New Hampshire Constitution reads as follows: “Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions.” https://www.nh.gov/constitution/billofrights.html It is important to not confuse the New Hampshire Constitution with the Federal Constitution. Our State Bill of Rights actually provides for more rights than the Federal Constitution when it comes to illegal search and seizure Stopping and detaining an automobile is considered a seizure within the meaning of Article 19 of the New Hampshire Constitution. See State v. Landry. Full case available here.“To justify the search or seizure of a motor vehicle, if there is no probable cause or reasonable suspicion that a criminal offense is being committed, the State must prove that its conduct significantly advances the public interest in a manner that outweighs the accompanying intrusion on individual rights. It must further prove that no less intrusive means are available to accomplish the State’s goal.” See. State v. Koppel. Full case available here.So to recap under the New Hampshire Constitution, pulling over a vehicle is a seizure, and can only legally happen under certain circumstances. Unfortunately, traffic laws prohibit a large amount of conduct, so finding a reason for a stop is not too difficult for an officer. If you are pulled over, it is important to determine specifically why you are being pulled over for the stop. If there was no legitimate reason to pull you over in the first place you may be able to keep evidence out of the Court.It is important to note that this in no way means you should be rude to the officer! Keep your questions courteous and treat the officer with respect throughout the stop.

2. Whether to take a Breathalyzer or Other Test – If the officer pulls you over and determines that you may be impaired she may request that you take a Breathalyzer test. It is important to know your rights regarding administrative license suspension before agreeing to do so.Under RSA 265-A, If you refuse to take a breathalyzer, physical test, or test of blood or urine you will lose your license for 180 days. This suspension takes place without court involvement, and is called an administrative license suspension.Your refusal to take a breathalyzer or other test will result in an automatic loss of license for 180 days whether you are driving impaired or not. There is an administrative process for opposing such a loss, but this is a subject for a different blog post.The most important thing to know about choosing not to take a test is that the 180 day automatic suspension will run before any suspension imposed by the court. If you take the test and fail (by testing positive for over the legal limit) then the time you have lost your license for the automatic license suspension will count towards any court ordered suspension.If you are not impaired you should almost always take the tests offered by the officer in order to avoid an unnecessary automatic license suspension.If you are impaired, you should balance the evidence of that impairment (are you slurring words, were you in an accident or driving erratically, is there open alcohol in the car etc.) with the consequences of failing to take the test.If there is no evidence of impairment except the officer’s claim that she smells alcohol then it is less likely that you would be convicted of DUI without the breathalyzer evidence.But; if the evidence of your impairment is clear, then taking the breathalyzer could save you additional time with a lost license. If the conviction on your record, and not the time frame that you lose your license is important to you, then refusal to participate in the test could aid in your defense.

3. Ask for the advice of counsel– The law in this area can get complicated. You need to have a DUI lawyer on your side. If you have any questions about what you should do, call an attorney. I am available at 603-DUI-DUI-9 if you have any questions about your rights.

]]> On Behalf of Associated Attorneys of New England https://www.associatedattorneysne.com/?p=46075 2025-06-11T05:37:52Z 2016-02-17T05:36:50Z

What is going to happen in my family law case? Family law cases in New Hampshire start with an initial pleading, or a request for the court to help the parties obtain certain relief.  These range from ex parte petitions, or a petition requesting emergency help with a situation, to Petitions for Divorce.  There are a wide range of initial filings that can start off a family law matter. Once the matter is served, the parties have 45 days to make what are known as mandatory financial disclosures or Rule 1.25-A disclosures. By law, the parties must exchange certain information about their finances.  Failure to do so can lead to you paying attorney’s fees for the other party, being found in contempt of court, or the Judge ruling against you. Unless there is an emergency situation, the court next schedules parties for a Structuring Conference or a First Appearance.  While these two hearings have different names, they are essentially the same in that parties will appear to pick dates and times for future hearings.  In most cases, the parties will also select a date to attend mediation.  Parties will minor children will also be required to attend a Child Impact Seminar, to learn about the impact of divorce and parenting disagreements on the children involved. New Hampshire courts encourage and often mandate that the parties involved attend mediation.  At mediation, you are given an opportunity to work with a court-appointed mediator to attempt to settle the case.  Many times, this stage helps resolve the case entirely. Mediation is not, however, the end of all cases.  If the case does not entirely settle during mediation, then the court will hold hearings to attempt to resolve the case.  These hearings may include a temporary hearing, where the court issues temporary orders, or a final hearing, where the case is ruled on as a final matter.  In some cases, parties will request additional hearings for a wide range of problems. Family law cases are time consuming and expensive, as well as emotionally taxing.  These cases touch a wide range of issues, from who is responsible for getting the children to school, to who gets to keep the family dog. Unfortunately, attorney’s fees can rack up easily between mediation, multiple hearings, filing motions, and ensuring that all court orders and Family Division rules are followed.  One of the best ways to keep your attorney’s fees down, while ensuring that your rights are represented and protected, is to pay a flat fee for family law representation. How does a flat fee family law case work? Our New Hampshire family law lawyers have created a unique pricing guide to determine what the flat fee will be for each matter.  Clients call in and describe their case and are quoted a price based on the pricing guidelines for each six months of the case. That quoted price is your flat fee, and pays for the first six months of representation by your attorney. Many of our flat fees are lower than initial retainers at competitive firms, and you know exactly the price you are paying for representation. Your flat fee gives you all the benefits of legal representation without the constantly mounting bills, up until a final trial. We work for you for a flat rate every six months and you rest assured that your attorney’s fees are reasonable, predictable, and affordable. What are the flat fees for my case? Every case is different, and every flat fee may be a little different. Our family law lawyers have created a proprietary pricing guide to calculate your flat fee rate.  The best way to get an estimate is to call in to our Manchester, NH office and speak to a family law attorney.  Providing a brief description of your case will help us create an estimate of how much your case will cost for our representation.  There is no cost or obligation when calling in a for free consultation or fee estimate. Once you meet with us, and we set the fixed flat rate price- that WILL be the cost.  Unlike traditional hourly billing at other law firms where the cost keeps going up and up and up- the flat rate allows you to plan and know that you will get what you signed-on for at the price we quoted. How long will my case take to complete? Many cases can and should be completed in six months- that is out goal. However, you should be informed that a typical case takes up to one year to be fully completed. (Complex divorces can take years to complete.) As you know, every case is unique, and the New Hampshire courts are in control of scheduling matters, so we cannot give you an exact timeframe- no one can, it is simply beyond any lawyer’s control. As explained in this article, the court has a system they must follow, and additional delays could be caused by the opposing party or their lawyer. The good news is that we will do our best to ensure your case is concluded as quickly and efficiently as possible and in your best interest. If your case takes more time to complete, never fear! We are here to help you and are always happy to continue fighting for your rights. What if my case goes to a final trial? Oftentimes, the most expensive part of a family law case is the final hearing- also known as the “Trial.” Many hearings last several days and the preparation for a final hearing can take your attorney many hours to complete.  With attorney’s fees averaging about $250 per hour, ten hours of hearing preparation alone could cost you $2,500 if paid hourly – and that is a conservative estimate for the time it would take to for your counsel to fully prepare for a final hearing (if you want to win…I’m sure many lawyers just “show-up”…that might be cheap, but it isn’t good!)  Add that prep-time to an eight hour full-day in Court, and your attorney’s bills have just reached $4,500! For one day of trial alone! Thankfully, our pricing guide extends to final trial, and our flat fees for trial are based on the amount of time which the court has designated for the trial itself.  For each scheduled day of a final trial, an attorney will represent you for an affordable flat fee, calculated based on the length of time scheduled for your final trial.  This ONE fee includes ALL the preparation work performed by your attorney and their attendance with you at the final trial. Fortunately, many cases settle prior to a final hearing and we will certainly strive to settle the matter before trial, if at all possible. How do I get started? It’s simple.  Contact us here, online or call Associated Attorneys of New England at [nap_phone id="LOCAL-CT-NUMBER-2"], and be prepared to briefly discuss your case with one of our family law attorneys.  If the flat fee system will work for your case, then we will schedule a prompt consult and get started on fighting for your rights and your family.  Of course, if you prefer to deposit a traditional retainer and pay hourly, we can accommodate you in that manner as well.  Hourly rates range from $150/hour to $295/hour. We look forward to working with you! Atty. Brown focuses her practice on Family Law, including: grandparent rights, custody, child support, parenting plans, parental rights, visitation, mediation, guardian ad litem review, guardianships, domestic violence (DV Orders), abuse or neglect, and basically all things Family Court related. Call [nap_phone id="LOCAL-CT-NUMBER-2"] today for a free consultation!]]> On Behalf of Associated Attorneys of New England https://www.associatedattorneysne.com/?p=46076 2025-06-11T05:37:30Z 2016-02-15T05:36:58Z

Hardship Licenses Now Available! One of the most important new laws of 2016. As discussed recently here, New Hampshire finally established a hardship or work license. House Bill 496-FN amended RSA 263 to include limited privilege license. Now, if you have a first time DUI, you might be able to get to work without risking jail time for driving on a suspended license! This is a great new change to the Law in New Hampshire and we applaud the legislature for making this common sense revision to existing law. http://www.gencourt.state.nh.us/legislation/2014/hb0496.html No Tanning of Minors This law actually became effective August 1, 2015. Whereas you could previously tan with parent’s signed consent form, it is now unlawful in the State of New Hampshire to provide ultra violet tanning services to someone under the age of 18. (With certain exceptions for where that is medically necessary and ordered by a doctor.) So, if you’re under age and need a tan, you will have to go with the old fashion way…or spray on. http://www.gencourt.state.nh.us/legislation/2015/HB0136.html Less Confusion at the Secretary of State’s Office If you’ve ever registered a business in New Hampshire, you may have run into some trouble trying to register your preferred business name. Having searched the corporate database and found your name NOT taken, you may have thought you’d be in the clear- until now, that was not necessarily so. This new law removes a lot of the uncertainty which was formerly created by the discretion inherent in deciding whether a similar name was “likely to be confused with or mistaken for” another name. That language has now been removed from the statute. Hopefully, this helps everyone involved in registering a business with the State. http://www.gencourt.state.nh.us/legislation/2015/SB0223.html Bobcat vs. Fisher cat I’m not sure if anyone alerted the Fishercats, or if a fisher cat even qualifies as a “wildcat”; but ever since August 4, 2015, the bobcat (Lynx rufus) has been the official State wildcat. http://www.gencourt.state.nh.us/legislation/2015/HB0423.html Realtors Gone Wild? If you’ve noticed more tom-foolery at your local real estate office lately, this might be the reason why. As it turns out, prior to August 4, 2015, a responsible principal real estate broker or managing broker had to supervise the office “on site.” That is no more. In 2016, the office need only be “reasonably” supervised. As an aside, our office provides several real estate services, and we are always 100% supervised, on site, by licensed attorneys. http://www.gencourt.state.nh.us/legislation/2015/HB0308.html Hike At Your own Risk This sensible amendment to the law clarifies that if you injure yourself doing something that could be dangerous, that you only have yourself to blame- not an innocent landowner. This change expands on the long-standing New Hampshire tradition that generally, you cannot maintain an action for negligence against someone who opens their land, free of charge, for outdoor recreational activities. These common sense rules benefit us all by allowing generous neighbors and family members to provide opportunities for us all to enjoy nature without worrying about being sued! http://www.gencourt.state.nh.us/legislation/2015/HB0290.html Under the Penalty of Perjury If you’d like to file a document “under oath” with the new State e-Court system you may now officially do so by e-signing “under the penalty of perjury.” http://www.gencourt.state.nh.us/legislation/2015/SB0094.html Additional Penalty for Sexual Assaults in the Wild An amendment to RSA 214:19 adds a five year fish and game license suspension to any person convicted of felonious sexual assault, while engaged in hunting, trapping, or fishing. http://www.gencourt.state.nh.us/legislation/2015/HB0212_HA.html Vehicular Assault Redefined – Applies to Boats Too This item may have been misreported by other media outlets, as the negligent homicide statue at RSA 630:3 http://www.gencourt.state.nh.us/rsa/html/LXII/630/630-3.htm appears unchanged. In any event, the definition of vehicular assault was expanded somewhat by removing the word “unlawful” and replacing it with negligent. http://www.gencourt.state.nh.us/rsa/html/XXI/265/265-79-a.htm Homestead Exemption Increased The amount of equity in your home that you can protect from creditors has risen slightly, up from $100,000 to $120,000 resulting in a total of $240,000 in protection for married couples. http://www.gencourt.state.nh.us/rsa/html/xlix/480/480-mrg.htm Schools Must Reign In Facebook Intrusions This law went into effect September 19, 2015. Generally, no public or private school, college, or university can require or request a student or prospective student to disclose or to provide access to a personal social media account through their user name and password. http://www.gencourt.state.nh.us/rsa/html/xv/189/189-70.htm Put Down that Drone…and Register It Fish and game added some additional protections for those lawfully hunting, fishing, or trapping. It is now unlawful to conduct surveillance of these activities by way of a Drone. http://www.gencourt.state.nh.us/rsa/html/xviii/207/207-57.htm PLUS NEW FEDERAL LAW FOR 2016: You now must register your drone with the FAA. Conclusion… and One More New Law Not Yet Passed: One might ask: Why do we need to keep making so many laws? And I would often agree with that sentiment. However, one new change they are working on up in Concord will benefit everyone who rents a residential apartment by correcting an inadvertent consequence of a recent New Hampshire Supreme Court case: Mountain View Park, LLC v. Gerald Robson, Jr.. This case essentially made it more difficult for landlords to work out payment plans with tenants facing eviction. A corrective law is being developed that will again allow both tenants and landlords to benefit by encouraging work-out resolutions instead of lock-outs. DISCLAIMER: As always, the information provided on this site is for general informational purposes only. This is not legal advice. You must consult with a lawyer to obtain legal advice specific to your situation. If you need legal help or legal advice of any kind, please contact me directly at Jake@aaone.law or call the office at 6[nap_phone id="LOCAL-CT-NUMBER-2"] for a free consultation. Sincerely, Atty. John F. Skinner, III]]> On Behalf of Associated Attorneys of New England https://www.associatedattorneysne.com/?p=46077 2022-06-10T06:50:43Z 2015-12-22T05:37:06Z

drunk driving laws and allow the opportunity for first time DUI offenders to drive again starting in January 2016. A hardship license may also be known as a “Cinderella license” because in other states, they might expire at midnight; or a work license due to their goal of allowing you to be able to work, while still restricting driving. The official name here in New Hampshire is a limited privilege license. If you or someone you know has had a DUI arrest, read on. Penalty for Driving Under the Influence / Driving While Intoxicated: In New Hampshire, a first time DUI offense carries a minimum of nine months and a maximum of two years loss of license. For the average New Hampshire citizen the loss of license caused by a DUI, DWI, or OUI can be a major hurdle. In some cases it may be impossible for those convicted of DUI to get to work, school or to the hospital for medical treatment. This new law allows some people who are under suspension to drive under a select set of circumstances. For those living under a DWI suspension, this new law could be a much needed reprieve from the burdens a lost license can cause. New Law Creates a Special License For First Time DUI Revocation: House Bill 496-FN provides the limitations of the new hardship license law. The charge must be under RSA 265-A:2(I) (first time offense), and must not involve a commercial motor vehicle. Once received, the license is limited to use for the “times, places, and days determined to be necessary for the person to seek or retain employment, to attend alcohol, or drug treatment, or rehabilitation program, to attend job training, or to obtain required medical treatment for the person or a member of the person’s immediate family.” What If I Drive Anyway, Even Without a Valid License? The short answer is DON’T DO IT! But the unfortunate fact of the matter is that it is nearly impossible to survive in New Hampshire without driving.  Because of this, we know that many people continue to drive even after their license has been suspended or revoked.  Maybe you had no other choice before, but you may have an option now.  The State takes Driving After Revocation or Suspension of your license VERY seriously when it results from a Drunk Driving arrest.  Even though the fine may be only $250 for a first offense in other cases, where the revocation stems from a DUI, the MINIMUM penalty includes 7 days in jail! Additional Risks of Serious Jail Time and Loss of License for Habitual Offenders: Such offenses will also put you on track for the more serious trouble of being certified as a “Habitual Offender.” You absolutely do not want that to happen since driving after being certified as a habitual offender could land you in Jail for up to FIVE years. Help is Now Available – Sign Me Up for a Hardship License! Do not let this happen to you. Let us assist you to Petition the Court for a Hardship license so you can avoid further additional trouble caused by driving without a license.  In order to qualify for this special license, a petition must be filed with the Court and sufficient evidence of the need for the license must be provided. Our DUI attorneys can offer help and assistance with compiling, filing and presenting this petition to give you the best chance at success and we are currently offering a flat fee, or payment by credit card option, to help with the cost and avoid any surprises. Please contact us now or call [nap_phone id="LOCAL-CT-NUMBER-2"] today to discuss your options. Atty. Keith Mathews handles a variety of civil and criminal defense matters. Keith is committed to providing personal service to all his clients and enjoys Criminal Defense work.  If you’ve been accused of DUI, or another crime, call [nap_phone id="LOCAL-CT-NUMBER-2"] today for a free consultation. ]]> On Behalf of Associated Attorneys of New England https://www.associatedattorneysne.com/?p=46078 2025-06-11T05:36:55Z 2015-12-15T05:37:14Z

A 2011 study by the University of Minnesota found that, out of 2,500 divorcing couples surveyed, about 45% of the couples had one or more partners hoping that the marriage might be saved, or that the couple could reconcile. Men were, overall, more interested than women in reconciliation. There are many reasons why couples may choose to reconcile. But must a couple getting back together re-marry one another, or can they ask the court to vacate and set aside their divorce decree? The Case The New Hampshire Supreme Court addressed this issue recently, in In the Matter of Terrie Harman and Thomas McCarron, decision published on December 2, 2015. The couple was married in 1989, and divorced in 2014. The trial court granted their final divorce decree on grounds of “irreconcilable differences that caused an irremediable breakdown of the marriage.” When the couple reconciled and got back together, they petitioned the court to vacate their divorce decree. They argued that since they have both agreed to vacate the decree, the court should reinstate their marriage. Most states allow courts to vacate a final divorce decree, by statute. New Hampshire, however, doesn’t have a law that allows the court to vacate a final divorce decree by agreement of the parties. The NH Supreme Court agreed that, since no statute applied to this situation, that Terrie Harman and Thomas McCarron could not have the court vacate their divorce decree by choice. The Takeaway So, what does this mean for a couple divorced in New Hampshire who want to get back together? In general, if the divorce was granted because there were “irreconcilable differences that caused an irremediable breakdown of the marriage,” then the parties cannot agree to put aside the divorce decree. If the couple wants to be married again, then they must remarry. If, however, the final divorce was granted, and there is evidence to suggest that the divorce decree was granted by fraud, accident, mistake or misfortune, then a court could vacate that final decree, reinstating the marriage. Conclusion If you are considering splitting up with your spouse, getting married, or are having marital, custodial, or child support issues of any kind; you should consult with a family law lawyer before making any final decisions. Sometimes those final decisions, can affect your future, and you deserve to have a lawyer help you make the right choices for you and your family. Contact us now for a free confidential review of your situation. Atty. Brown focuses her practice on Family Law, including: grandparent rights, custody, child support, parenting plans, parental rights, visitation, mediation, guardian ad litem review, guardianships, domestic violence (DV Orders), abuse or neglect, and basically all things Family Court related. Call [nap_phone id="LOCAL-CT-NUMBER-2"] today for a free consultation!]]> On Behalf of Associated Attorneys of New England https://www.associatedattorneysne.com/?p=46079 2022-06-10T06:50:58Z 2015-12-09T05:37:21Z

Real Estate Agent or Realtor Commissions: Both the realtor who listed the property for sale, and the realtor who found the property for the buyer, will want to be compensated for their work. In addition to that, the loan officer who hopefully helped you along the way to get financing for little or no money down, and at the best interest rate, also must be paid for their efforts. Loan fees will be listed in the Loan Costs section.  Realtor Commissions are listed elsewhere (in “Other” under “Other Costs”). State and Local Taxes: Don’t forget, your State and local taxing authority also want a piece of the pie. There will be fees listed on your Closing Disclosure for Deed filing, pro-rations for local property tax, as well as fees for the State transfer tax, also known as deed stamps, tax stamps, transfer tax, or excise tax. Attorney’s Fees: Another important player in this mix is the closing attorney. Your friendly neighborhood lawyer, like me, is there to make sure that all the money changing hands gets to the right place, at the right time, and ensures that when you walk away from the closing table with the keys to your new home, you have (or you will get after it’s filed in the County Registry of Deeds) a piece of paper granting you the legal right to occupy the land and home to exclusion of all others- a Deed. Often these fees are listed under Loan Costs for Settlement Agent and Title Search. Title Insurance: Another typical closing cost is Title Insurance, both for you as the home owner and for the lender. The Title Company, or the Title Insurance company, issues a policy at closing for a one time premium that protects the Bank for as long as their is a mortgage, and protects you, the homeowner, for as long as you or your heirs hold a legal interest in the property, and, even longer than that if you sell, and there is defect in the chain of title later discovered that would bring your Warranty Deed into litigation…but that is another matter for another Blog post.  Sufficed to say, the Title Insurance premium paid at closing is a small investment to protect a very large investment. Other Costs, Fees, Prepaids: Other typical closing costs associated with closing include the following, some of which are known as “prepaids” because they may have been paid in advance and then accounted for at the closing. There could be a charge to obtain your credit report, a flood certification, potentially a survey, document and Deed preparation fees, home inspection fees, your homeowners insurance, and an appraisal for the property to determine it’s value.  Of course, every case is different and this is by no means an exhaustive lists, so be sure to check your Closing Disclosure carefully. Avoiding Closing Costs: If you are bargaining to have the seller pay your closing costs, be sure to work closely with your Realtor and Loan Officer. These rules vary widely but for a standard FHA loan, it is usually limited to 6% of loan.  Thus, if your loan is $200,000, up to $12,000 in actual closing costs may be covered by the seller in the transaction. CLOSING YOUR HOME LOAN: Now that we’ve examined what the closing costs are, let me turn briefly to address the actual “closing.” Under new rules put into place recently by the Consumer Financial Protection Bureau, you are entitled to receive both a “Loan Estimate” and a “Closing Disclosure.”  These new rules are often referred to in the industry as TRID, which is short for TILA, RESPA, Integrated Disclosures…but again that might be a topic for a separate Blog post! A very helpful FAQ was created by an industry leader on the topic if you’re interested in further reading. Closing Disclosure Replaces HUD-1: No less than three days before the closing, you will receive the Closing Disclosure which will detail all of the closing costs. A similar document was used in the past known as the HUD-1.  You should be in contact with the closing attorney/title company (hopefully us here at Associated) well in advance of closing so you can receive this information, review it, and request any needed changes. Here, you can log-in to your account to send a secure message, or call, fax, or email us any requested changes. Know Before You Owe: At Associated, our closing attorneys want you to “know before you owe” as the CFPB has dubbed it. Just as this Blog post is intended to educate you about the potential costs and fees, we never want to surprise you with mysterious fees. Each charge associated with closing your home loan will be outlined clearly for your advance review so that they may be adjusted if necessary well before closing. Associated Attorneys Will Close Your Loan: Anyone who closes with us can choose to have 24/7 secure electronic access to their information throughout the process for no additional charge. You’ll note that our website has a portal through which you can securely log in to view important documents and dates as well as communicate with the closing team.  A separate log-in, linked specifically to your closing, can be made available to your Real Estate Agent and Mortgage Loan Officer as well. With all of your information well in hand regarding the closing costs, the documents involved, and the time and place of your closing, you can show up, sign the paper work, receive your check or the keys to your new home, and be on your way in no time. Congratulations!  You did it, and we hopefully made the process clear and easy for you. Special Offer: If you are currently shopping for a new home and would like to close your loan with us. Please feel free to email me directly anytime at: Jake@AAONE.LAW. We would be pleased to handle your transaction. Mention this Blog post, and receive 10% off the settlement fee. Sincerely, Atty. John F. Skinner, III]]> On Behalf of Associated Attorneys of New England https://www.associatedattorneysne.com/?p=46080 2022-06-10T06:51:06Z 2015-12-02T05:37:28Z

In The Beginning: Several years ago, I started Skinner Law PLLC serving the needs of New Hampshire and Massachusetts by practicing mainly foreclosure defense, but also, family law, criminal defense, personal injury, and Federal consumer protection litigation, as well as litigating other civil disputes that routinely arise between businesses and neighbors. Eventually, Skinner Law transitioned to Skinner Rivard when we joined forces with former Fish & Game Officer- Atty. Patrick Rivard. Skinner Rivard: At Skinner Rivard we hired on an associate and support staff and expanded our practice to include more family law, criminal defense, landlord tenant matters, and employment and disability discrimination cases. I continued to practice mainly foreclosure defense and Federal civil litigation while training our associates in other areas. Skinner, Rivard & Siekmann: Inspired by this success, Atty. Jenny Milana Siekmann of Milana Legal in Derry, NH joined our team and I purchased the elegant Victorian Home at 587 Union Street, in Manchester, NH that now serves as the headquarters for Associated Attorneys. The new firm was dubbed “Skinner, Rivard & Siekmann” and now, in additional to all the good work we had been doing for our clients over the years, we also offered Trust & Estate planning services with Jenny and her staff. Working closely together, Attys. Rivard & Siekmann were shot by cupid’s arrow and decided to form their own partnership by joining forces personally to be married. Not wanting to compete with that union, we decided to remain “associated” so that our clients could continue to enjoy the full range of services we had offered at Skinner, Rivard & Siekmann, and Attys. Rivard & Siekmann changed their role from partner, to “Of Counsel” as I took over the firm. Title Insurance, Settlement, Escrow, and Closing Services: With a strong background in real estate investing, litigation, and foreclosure work-outs and modifications, I decided it would make sense to offer Title Insurance, and loan closing, escrow, and settlement services for our clients. Not only because I believe we can offer true value in this area, and get the job done right, and on time (if not early), but also so we don’t have to send our clients away who might not qualify for a mortgage modification or would prefer to do a short-sale instead of endure foreclosure. Thus, Associated Attorneys of New England was born. Associated Attorneys of New England: We are associated with attorneys, realtors, mortgage brokers, bankers, and insurance agents so that we can provide the highest quality service to you- the client, our customer. Our hard working attorneys and I are licensed in New Hampshire, Massachusetts, and Maine and we continue to provide the highest quality, responsive, and respectful legal services in the industry for family law, criminal defense, personal injury, and all manner of civil litigation. Conclusion: I have always focused on a strong work ethic, and customer service- something that is often overlooked in the world of professional services. I will continue this tradition, and instill these values of hard work and respect for our clients as we forge ahead with the new Associated name and continue to grow. If you have any questions at all about any legal issue, or the firm, please do not hesitate to email me directly at: Jake@aaone.law. I am happy to help if I can, or point you in the right direction if we can’t. Sincerely, Atty. John F. Skinner, III]]>