Answers to common questions about family law and probate in New Hampshire
Answers to questions we often hear from clients facing divorce, custody, and support matters across Rockingham and Strafford Counties.
New Hampshire courts decide parental rights and responsibilities based on the "best interest of the child" standard, considering factors such as each parent's relationship with the child, the child's adjustment to home and school, each parent's ability to communicate and cooperate, and any history of domestic violence or abuse. Courts favor arrangements that allow a child to maintain frequent and continuing contact with both parents whenever appropriate. We help clients throughout Kingston, Exeter, Plaistow, Hampstead, Salem, Dover, and Portsmouth build parenting plans that reflect their family's needs and put their case forward effectively in family courts across the state.
Timelines vary widely depending on whether the divorce is contested or uncontested and how busy the local court's docket is. An uncontested divorce with a complete agreement can sometimes be finalized in a few months, while contested matters involving disputes over property, support, or parenting can take a year or more. New Hampshire also imposes a minimum waiting period before a final decree is issued. Keith Dias has litigated family law cases in most of the family courts across the state and can give you a realistic timeline based on your specific court and circumstances.
It isn't legally required, but it's worth careful consideration. Even when both spouses agree on the major issues, a divorce decree is a binding legal document that affects property division, support, and parenting arrangements for years to come. An attorney can help make sure the agreement is fair, properly drafted, and enforceable, and can identify issues — such as retirement accounts, tax consequences, or future modification rights — that are easy to overlook without legal guidance. We offer consultations to help clients in Kingston and throughout Rockingham and Strafford Counties understand their options before moving forward.
New Hampshire uses a formula based primarily on both parents' gross incomes and the number of children, with adjustments for costs such as health insurance and child care. The resulting figure is a starting point, and courts can deviate from it in certain circumstances. Child support orders aren't set in stone — either parent can request a modification if there has been a substantial change in circumstances, such as a significant change in income, a change in the parenting schedule, or a child aging out of support. We regularly help clients calculate appropriate support amounts and pursue or defend against modification requests.
Answers to the questions we hear most often from executors, administrators, and families across Rockingham and Strafford Counties.
Probate is the court-supervised process of administering a deceased person's estate — validating the will (if one exists), appointing an executor or administrator, identifying and valuing assets, paying debts and taxes, and distributing what remains to heirs or beneficiaries. In New Hampshire, probate matters are handled by the local Circuit Court – Probate Division.
Most straightforward estates take roughly six months to a year to fully administer, largely because New Hampshire law requires a creditor notice period before an estate can be closed. More complex estates — those with real estate, disputes among heirs, tax issues, or a contested will — can take significantly longer. We work to keep the process moving as efficiently as possible for clients throughout Kingston, Exeter, Plaistow, Hampstead, Salem, Dover, and Portsmouth.
No. Many assets pass outside of probate — for example, property held in joint tenancy, accounts with named beneficiaries (such as retirement accounts and life insurance), and assets held in a trust. Whether probate is required depends on how the deceased person's assets were titled and the overall value of the probate estate. New Hampshire also offers simplified procedures (such as a voluntary administration) for certain small estates. We can review your situation and advise whether formal probate is necessary.
An executor (called a "personal representative" in New Hampshire) is responsible for filing the will with the probate court, providing notice to heirs and creditors, locating and securing estate assets, paying valid debts and taxes, and ultimately distributing the remaining assets according to the will or, if there is no will, according to New Hampshire's intestacy laws. Executors owe a fiduciary duty to act honestly and in the best interests of the estate and its beneficiaries. We regularly guide executors and administrators through each of these steps, start to finish.