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Saturday, May 25, 2013

NH Divorce Process, Procedure or Purposeful to Delay

The paperwork filed in divorces in the state of NH is repetitive, there should be no question as to why the courts are backed up or even why so many people are pro se (representing themselves). 

Here are the FACTS, the only ones making out are the Attorney's, the NH Bar a monopoly in and of itself and the court's in the fees and prolonged litigation it actually ensures. 



Now the fees are so excessive they are blocking indigent, low income and the middle class from having the orders "they"
made be upheld. Petition to Change that sign here:  http://chn.ge/1lkiI1N  

In the Family Court Section they give you all the forms as found here but fail to put them in the order they should go into the court

To complete this monstrous mound of paperwork to get a divorce - Attorney's can buy a program to drop your information into the repetitive fields; however, most are going to have the daunting task of filling out the partial list below.  To expedite the process and save yourself money you want to have it ALL ready, to hand in at the first hearing that gives you all the paperwork mentioned here plus more...  found here be sure to check out the mandatory mediation and threat of an appointment of a GAL, which will always cost more than a $1000, just for the GAL.


    financial documents you will need to submit to the court  then go 
    to; information about this rule to help with forms  And then any
    documents you are unable to find - fill this out for your lawyer or  
    if pro se you need to fill this out explaining why and add your 

3. Your Agreement and parenting plan Order designating School 
    District -usually where the children are going to school right now. 

4. Proposed Parenting Plan - this is actually what you think it is 
    how you are going to share and care for your children 

5. Personal Data Sheet  repetitive 

    repetitive

7.  Child Impact Notice - provide copy of Attendance and attend 
     prior to the first court hearing

8.  Child Support Guidelines worksheet fill it out, it will compute it 
     for you  and then fill out #9

      Order  is based off the numbers in the child support calculations 
      repetitive

9.   Decree on Parenting Petition -  different than parenting plan
      repetitive

10. Your Pretrial Conference   not to be confused with your 
      repetitive

11. Temporary Decree on Petition for Divorce goes with all of the 
      above       
      repetitive

12.  Vital Statistics Form  must be completed for divorce to be final 
      and yes of course it is  repetitive of everything you already 
      filled out in multiple places. 

So at least 15 documents to prepare, not to mention all the other's that may be needed in your particular case found here, be sure to scroll all the way through it.  It is all excessively repetitive.  Which begs the question, if attorneys each can buy a software system that integrates the intake information to fill in all the forms above why can't the Court's get a similar system and put in the information once and send it out accordingly?  

Oh, it's a government agency and in NH, they are clearly not run efficiently - now should we talk about killing trees ... or should the courts makes things a wee bit simpler for the public they are suppose to serve? 

Sadly lawyers who are suppose to understand the rules are having a hard time making sure all the right paperwork is handed in and/or advising their clients of when to put it in; they have nothing to worry about though it's not as though the attorney discipline system directly associated with the court system is going to hold them accountable in NH and most law schools do not teach lawyers how to read the rules and stay updated, they figure it out on their first few clients and/or if in a large firm their paralegals keep a tickler file to remind them. 

This is what family advocates are helping families sort through, how to communicate with the other party, what the best arrangement for your family is going forward, what paperwork and supporting documentation you need to gather and submit.  

It's not legal advice, it is about conserving your family's income to move forward whether in conjunction with an attorney or pro se, it moves you through the process quickly and helps you choose what is best for your family, without breaking your bank and/or letting some 1-4 time divorced Judge with his/her own bias decide your fate.  


"If we are to go forward, we must go back and rediscover those precious values - that all reality hinges on moral foundations and that all reality has spiritual control."

Martin Luther King, Jr. 

BE IN CONTROL 





3 comments:

  1. The court should really, really have that software program to speed things up!

    ReplyDelete
  2. I greatly enjoyed looking through your blog and found an informative one for divorce related topics.

    divorce mediators & mediation service uk

    ReplyDelete
    Replies
    1. Thank you and best wishes with your mediation practice Mr. Simon

      Delete