CIRCUIT COURT – FAMILY DIVISION
In New Hampshire Divorces are filed and heard by the Family Division of the Circuit Court. In addition to Divorce suits, the Family Division hears all cases which relate to the family structure, such as, parenting petitions, restraining orders, delinquency petitions, and abuse and neglect cases.
STEP ONE: CHOOSING A LAWYER
Many lawyers, including Attorney Payne of JLP|Law, PLLC, offer a free initial consultation or case evaluation, and, as an informed consumer, you should take full advantage of this opportunity. Once the law firm completes an intake process with you, you should be prepared with a written list of questions, and to take notes during the consultation, so you can make an informed decision. Important questions to ask during this initial consultation may include the following:
*Area(s) of expertise. You want to make sure that the lawyer you hire has experience in the area of law in which you require assistance. There are many practice areas in the legal field, and most lawyers tend to handle cases in specific practice areas. We have more than a decade of family-focused experience both in Massachusetts & New Hampshire. Attorney Payne is also highly sought to assist other attorneys when their cases are set for Trial by the Courts in Massachusetts, and has both assisted in helping those parties reach agreements before trial, and if not possible, to achieve exceptional trial Judgments for her clients.
*Potential costs. Legal advice can become quite costly, so it truly is important that you know how much your lawyer charges and an estimate of the cost of your case based on the complexity and personalities. During the initial consultation, a lawyer should be able to give you general estimate, based on the facts of your case, but beware the low-ball promise.
*The Legal Team. Some lawyers work by themselves, while others have paralegals on their team or outsource some of the legal work to other lawyers and staff. You want to make sure you know who will be handling your file, as this can have an impact on both the quality of the service you receive and the cost. At JLP|Law, PLLC, attorney Payne is always the primary contact for all clients and all client matters. Although there are support staff, they are responsible for administrative tasks only to assist in keeping costs down and the office organized and efficient.
*Communication. You should understand how the lawyer communicates with his or her clients, for things like how you should be get in touch with the attorney if you have a question about your case, and the expected response time. How are your confidential communications protected? At JLP|Law, PLLC, your case is a priority, and attorney Payne is diligent about ensuring she communicates with you in a timely and confidential manner. That said, although our office does offer technological communication options, both for efficiency and convenience, we do not report to servicing our clients solely by email or text message. Our clients receive person-to-person counsel, because that is what we believe is necessary to instill and maintain trust and effectiveness, and what our clients deserve. At JLP| Law, PLLC, we make sure you get what you pay for, and that is treatment consistent with how we treat our own family members.
*Personality. Finally, in addition to getting answers to the types of questions listed above, you also want to make sure you and the attorney you retain are a compatible when it comes to personality and energy. You should feel comfortable asking him or her questions and bringing up issues that concern you. You should trust their advice. You should trust your gut.
*Good Standing. Once you have settled on the attorney you think will be a good fit for you and your family, e recommend that you call the organization in your state that handles attorney disciplinary matters to make sure the lawyer you have chosen has not been the subject of any disciplinary actions. In New Hampshire, this organization is the New Hampshire Supreme Court Attorney Disciplinary System and in Massachusetts, this organization is the Massachusetts Board of Bar Overseers.
Once you have completed this assessment process, you should have the information you need to help you choose the right lawyer for your family and for your particular situation.
JLP|Law, PLLC offers a free case evaluation to offer potential clients a chance to see if we are a good fit before deciding whether to hire us.
STEP TWO: FILING A PETITION
Generally speaking, all matters begin with the filing of a Petition by the person seeking a divorce. The purpose of the Petition is to Notify the Court that you are seeking a divorce, and requests specific relief. The Petitioner (the person seeking a divorce) is required to complete and file official forms. Our attorneys know exactly which forms to use, what information is necessary to avoid a loss of rights throughout the process, and how to best ensure a Petition is not rejected by the Court at any stage. Litigants who choose not to seek the assistance of counsel, for whatever reason, can access most of the necessary forms on the Circuit Court Family Division website, but do so at your own peril.
STEP THREE: SERVICE
Once a Petitioner files a Petition for Divorce, the other party, the Respondent, needs to be served. An attorney will work with you to effectuate and confirm service.
STEP FOUR: COURT HEARINGS
Once service on the Respondent is complete, and the Court is notified, only then will the Court will schedule hearings, direct the parties to conduct discovery, order mediation, and ultimately schedule the matter for Trial (or final hearing) if the case does not settle and all opportunities for negotiation and agreement are exhausted. If the parties are unable to reach an agreement, they can and should be prepared to potentially have their matter take a year or longer (often longer) to reach resolution and receive an order from the Court.
JLP|Law, PLLC specialize in family law and know what is at stake. We regularly appear in the various Family Courts in both New Hampshire & Massachusetts, representing people in the following types of matters:
*Divorce *Parenting Petitions *Restraining Orders
*Parenting Plans *Child Support *Alimony
*Modifications *Contempt *Guardianship
*Adoption *Name Changes *Abuse & Neglect
*Prenuptial Agreements. *Ante-nuptial Agreements *Grandparents Rights
We invite you to meet with us and are confident you will see, first hand,
why our motto is:
INTEGRITY . EXPERIENCE . RESULTS
