A Practical Guide to Divorce in New Hampshire

Sound estate planning guidance

Product Number: 2254564WFM
Publication Date: 3/12/2025
Edition: 3rd Edition 2025
Copyright: © 2025 MCLE, Inc.
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A Practical Guide to Divorce in New Hampshire

Sound estate planning guidance

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Motion to Extend Deadlines Exhibit 25E from A Practical Guide to Divorce in New Hampshire $25.00; Members $22.50; New Lawyers $12.50 Free for OnlinePass subscribers.

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Product Description
Product Description

The forty-four chapters of this comprehensive manual are organized into five parts, addressing planning for incapacity, public benefits and employment, special issues for disabled children and adults, aging in place, and care in a skilled nursing facility. Hundreds of insights, from Massachusetts' most experienced practitioners, bring clarity to complex procedures and guide readers through the topics that are pertinent to elders and persons with disabilities—both adults and children. The book expands and updates the MCLE classic, Estate Planning for the Aging and Incapacitated Client in Massachusetts , while adding new chapters on subjects such as undue influence, special needs trusts, and ethics. A series of MassHealth chapters addresses information on protecting the family home and community spouse, transferring resources, reducing excess assets, and creating trusts. The book tackles tax and insurance issues, housing choices, the financing of services, both private and public, the intricacies of long-term care, and the myriad concerns surrounding the needs of persons with disabilities, to name just a few of the topics. Forty-seven experts wrote the book, and a cadre of nine MassNAELA members joined chief editor Brian E. Barreira to ensure currency, relevance, and highly practical value.

Recent updates:
- Update: September 2023
  Dear Subscriber,
  
  This first edition of Elder and Disability Law in Massachusetts continues the tradition of Estate Planning for the Aging and Incapacitated Client in Massachusetts . This book updates and expands on topics covered in its predecessor publication, while adding new chapters of particular interest to estate planning for both elders and persons with disabilities. Inside, you will find coverage of thousands of practical tips and insightful analyses on case decisions, statutes, regulations, and other authoritative sources pertinent to elder and disability planning, including current material on the following subjects:
  - Undue influence. Chapter 5 addresses the lawyer's duties in representing a client who is experiencing improper or undue influence that puts them at risk, whether the means be physical force, duress, threats, or other forces. Practical insights are offered on how to prevent, ameliorate, or litigate undue influence.
  - Ethics issues in representing elders. See chapter 6 for caveats related to stereotyping elderly clients, navigating the family relationship, and handling joint representation. Discussion includes diminished capacity and the attorney's duties of loyalty and confidentiality, the retention and discharge of counsel, proceedings against nonclients, and aspects of the power of attorney role.
  - Special needs trusts and ABLE accounts. Chapter 39 begins with a review of self-settled trusts generally, then goes on to describe the elements of self-settled and third-party special needs trusts. It discusses trust protector provisions and concludes with a discussion of VA benefits and ABLE Accounts.
  - Trusts in the MassHealth context. Chapter 38 addresses the role of trusts in estate planning where an objective is to preserve eligibility for MassHealth benefits. Background is provided on OBRA '93 legislation and how Massachusetts has interpreted the law. Particulars of trusts established for disabled individuals and those established with transferred assets are discussed.
  - Tax considerations regarding trusts. Among the topics covered in chapter 40 are income tax planning for Medicaid trusts and estate and gift tax planning for such trusts, taxation of testamentary trusts, taxation of trusts established by the beneficiaries of gifts, and the treatment of pretax retirement accounts.
  - Property tax relief. Chapter 38 addresses real estate tax exemptions, abatements, and deferrals for older persons, their spouses, minor children, veterans, blind persons, and those experiencing hardship.
  - Resource planning for MassHealth coverage. This expansive topic is addressed in detail in chapter 34 (Protecting the Community Spouse), chapter 35 (Reducing Excess Assets), chapter 36 (Transfers of Resources), and chapter 37 (Protecting the Home).
  We at MCLE trust that you will find this new edition useful in your estate planning practice and valuable in keeping your law library current.
  
  Cordially,
  
  MCLE Press
Table of Contents

Table of Contents
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Chapter 01 expand

The New Hampshire Judicial Branch Family Division
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Gina B. Belmont, Esq., New Hampshire Circuit Court Family Division

Chapter 02 expand

Initial Client Interview and Starting an Action for Divorce
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William E. Brennan, Esq., Brennan Lenehan Iacopino & Hickey
Kathleen A. Hickey, Esq., Brennan Lenehan Iacopino & Hickey

Chapter 03 expand

Dispute Resolution Alternatives
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Karen J. Borgstrom, Esq., Dartmouth-Hitchcock Medical Center
James V. Ferro, Jr., Esq., Ferro Law & Mediation Group, PLLC

Exhibit 3A
- New Hampshire Rev. Stat. Ann. § 542:11: Arbitration of Domestic Relations Cases Buy Form

Exhibit 3B
- New Hampshire Rev. Stat. Ann. § 328 C: Marital Mediators Buy Form

Exhibit 3C
- N.H. Sup. Ct. R. 48-B: Family Mediator Fees Buy Form

Chapter 04 expand

Collaborative Family Law
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Catherine P. McKay, Esq., Parnell, Michels & McKay PLLC

Exhibit 4A
- Sample Collaborative Family Law Participation Agreement Buy Form

Chapter 05 expand

Motion Practice for Temporary Orders
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Carolyn S. Garvey, Esq., Douglas, Leonard & Garvey, PC

Exhibit 5A
- Uniform Support Order Buy Form

Exhibit 5B
- Uniform Alimony Order Buy Form

Chapter 06 expand

Financial Affidavits
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Judith A. Fairclough, Esq., Orr & Reno, PA
Meredith Farrell Goldstein, Esq., Orr & Reno, PA

Exhibit 6A
- N.H. Fam. Div. R. 2.16—Financial Affidavits Buy Form

Exhibit 6B
- N.H. Rev. Stat. Ann. § 458:15-b—Financial Affidavit Buy Form

Exhibit 6C
- Asset Summary Buy Form

Chapter 07 expand

Discovery
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Jeanmarie Papelian, Esq.,

Exhibit 7A
- Checklist for Rule 1.25-A Mandatory Disclosure Buy Form

Exhibit 7B
- Sample Privilege Log Buy Form

Exhibit 7C
- New Hampshire Bar Association Litigation Guidelines Buy Form

Exhibit 7D
- Confidentiality Stipulation Buy Form

Chapter 08 expand

Division of Marital Estate
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R. David DePuy, Esq.,

Chapter 09 expand

Alimony
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David Tencza, Esq., McLane Middleton

Chapter 10 expand

Child Support
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Laura M. Dudziak, Esq., Law Office of Jannette Mooney PLLC

Chapter 11 expand

Issues Relating to Children
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Laura M. Dudziak, Esq., Law Office of Jannette Mooney PLLC

Chapter 12 expand

Pretrial Hearings
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Helen G. Honorow, Esq., Barry & Honorow, PLLC

Exhibit 12A
- Scheduling Conference Order Buy Form

Chapter 13 expand

Valuation
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Richard J. Maloney, Esq., Maloney & Kennedy, PLLC

Chapter 14 expand

Expert Testimony in Domestic Relations Cases
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Chapter 15 expand

Retirement Assets
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John E. Rich, Jr., Esq.,

Chapter 16 expand

Trial Practice Techniques
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Kevin P. Rauseo, Esq., NH/Superior Court/Hillsborough County Southern District
Hon. Charles S. Temple, Hillsborough County Superior Court-South

Chapter 17 expand

Selected Evidentiary Issues in Domestic Relations Trials
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Petar M. Leonard, Esq., Orr & Reno, PA

Chapter 18 expand

Posttrial Motions and Appellate Procedures
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Doreen F. Connor, Esq., Primmer Piper Eggleston & Cramer, PC

Exhibit 18A
- Rule 7 Notice of Mandatory Appeal Form and Instructions Buy Form

Exhibit 18B
- Rule 7 Notice of Discretionary Appeal Form and Instructions Buy Form

Exhibit 18C
- New Hampshire Supreme Court Judicial Performance Standards Buy Form

Chapter 19 expand

Modification
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Catherine P. McKay, Esq., Parnell, Michels & McKay PLLC

Chapter 20 expand

Contempt
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Catherine A. Feeney, Esq., Feeney Law Offices

Chapter 21 expand

Tax Considerations
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Beth L. Fowler, Esq., McLane Middleton

Chapter 22 expand

Prenuptial and Postnuptial Agreements
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Judith A. Fairclough, Esq., Orr & Reno, PA

Exhibit 22A
- Asset Disclosure Buy Form

Exhibit 22B
- Statement Buy Form

Exhibit 22C
- Certificate of Counsel Buy Form

Exhibit 22D
- Prenuptial Agreement Questionnaire Buy Form

Chapter 23 expand

Health Insurance
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Jacqueline A. Botchman, Esq., McLane Middleton

Exhibit 23A
- Recommended Sample Language for “Health Insurance” Section of the Final Decree Buy Form

Chapter 24 expand

Representing Victims of Domestic Violence
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Hon. Charles L. Greenhalgh, Brentwood Family Division

Exhibit 24A
- Domestic Violence Petition Buy Form

Exhibit 24B
- Letter to Pro Se Plaintiff Buy Form

Chapter 25 expand

The Guardian ad Litem
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Hon. Michael Alfano,

Exhibit 25A
- Motion for Appointment of Guardian ad Litem Buy Form

Exhibit 25B
- GAL Appointment Form Buy Form

Exhibit 25C
- Sample GAL Stipulations Buy Form

Exhibit 25D
- Motion to Exceed Buy Form

Exhibit 25E
- Motion to Extend Deadlines Buy Form

Exhibit 25F
- Motion to Withdraw Buy Form

Exhibit 25G
- Motion of Guardian ad Litem for Instructions Buy Form

Exhibit 25H
- Introductory Letter to Parties/Counsel Buy Form

Exhibit 25I
- GAL Questionnaire Buy Form

Exhibit 25J
- General GAL Authorization Buy Form

Exhibit 25K
- Medical Authorization Buy Form

Exhibit 25L
- Police Records Authorization Buy Form

Exhibit 25M
- Driving Record Authorization Buy Form

Exhibit 25N
- Letter to School Buy Form

Exhibit 25O
- Letter to Pediatrician Buy Form

Exhibit 25P
- Interview Forms Buy Form

Exhibit 25Q
- Sample Letter to Police Buy Form

Exhibit 25R
- Sample GAL Report Buy Form

Exhibit 25S
- Sample Objection to GAL Report Buy Form

Appendix

Memorandum on Changes to N.H. Rev. Stat. Ann. c. 461-A—Parental Rights and Responsibilities
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Editors & Authors

Editor(s)

Hon. Michael Alfano, Exeter

Marital Master(s)

Hon. Robert J. Foley,

Hon. Michael H. Garner, New Hampshire Circuit Court - Laconia Family Division, Laconia

Hon. Nancy J. Geiger,

Hon. Deborah K. Rein,

Author(s)

Hon. Michael Alfano, Exeter

Gina B. Belmont, Esq., New Hampshire Circuit Court Family Division, Concord

Karen J. Borgstrom, Esq., Dartmouth-Hitchcock Medical Center, Lebanon

Jacqueline A. Botchman, Esq., McLane Middleton, Manchester

William E. Brennan, Esq., Brennan Lenehan Iacopino & Hickey, Manchester

Doreen F. Connor, Esq., Primmer Piper Eggleston & Cramer, PC, Manchester

R. David DePuy, Esq.,

Laura M. Dudziak, Esq., Law Office of Jannette Mooney PLLC, Amherst

Judith A. Fairclough, Esq., Orr & Reno, PA, Concord

Catherine A. Feeney, Esq., Feeney Law Offices, Newport

James V. Ferro, Jr., Esq., Ferro Law & Mediation Group, PLLC, Manchester

Beth L. Fowler, Esq., McLane Middleton, Manchester

Carolyn S. Garvey, Esq., Douglas, Leonard & Garvey, PC, Concord

Kelleigh Charlotte Gleason, Gleason Legal, Manchester

Meredith Farrell Goldstein, Esq., Orr & Reno, PA, Concord

Hon. Charles L. Greenhalgh, Brentwood Family Division, Kingston

Kathleen A. Hickey, Esq., Brennan Lenehan Iacopino & Hickey, Manchester

Helen G. Honorow, Esq., Barry & Honorow, PLLC, Nashua

Petar M. Leonard, Esq., Orr & Reno, PA, Concord

Richard J. Maloney, Esq., Maloney & Kennedy, PLLC, Auburn

Catherine P. McKay, Esq., Parnell, Michels & McKay PLLC, Londonderry

Jeanmarie Papelian, Esq.,

Kevin P. Rauseo, Esq., NH/Superior Court/Hillsborough County Southern District, Nashua

John E. Rich, Jr., Esq., Manchester

Hon. Charles S. Temple, Hillsborough County Superior Court-South, Nashua

David Tencza, Esq., McLane Middleton , Manchester

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A Practical Guide to Divorce in New Hampshire

Sound estate planning guidance

A Practical Guide to Divorce in New Hampshire

Sound estate planning guidance

Your Selection:

Product Description

Recent updates:

Table of Contents

The New Hampshire Judicial Branch Family Division

Initial Client Interview and Starting an Action for Divorce

Dispute Resolution Alternatives

Exhibit 3A

Exhibit 3B

Exhibit 3C

Collaborative Family Law

Exhibit 4A

Motion Practice for Temporary Orders

Exhibit 5A

Exhibit 5B

Financial Affidavits

Exhibit 6A

Exhibit 6B

Exhibit 6C

Discovery

Exhibit 7A

Exhibit 7B

Exhibit 7C

Exhibit 7D

Division of Marital Estate

Alimony

Child Support

Issues Relating to Children

Pretrial Hearings

Exhibit 12A

Valuation

Expert Testimony in Domestic Relations Cases

Retirement Assets

Trial Practice Techniques

Selected Evidentiary Issues in Domestic Relations Trials

Posttrial Motions and Appellate Procedures

Exhibit 18A

Exhibit 18B

Exhibit 18C

Modification

Contempt

Tax Considerations

Prenuptial and Postnuptial Agreements

Exhibit 22A

Exhibit 22B

Exhibit 22C

Exhibit 22D

Health Insurance

Exhibit 23A

Representing Victims of Domestic Violence

Exhibit 24A

Exhibit 24B

The Guardian ad Litem

Exhibit 25A

Exhibit 25B

Exhibit 25C

Exhibit 25D

Exhibit 25E

Exhibit 25F

Exhibit 25G

Exhibit 25H

Exhibit 25I

Exhibit 25J

Exhibit 25K

Exhibit 25L

Exhibit 25M

Exhibit 25N

Exhibit 25O

Exhibit 25P

Exhibit 25Q

Exhibit 25R

Exhibit 25S

Memorandum on Changes to N.H. Rev. Stat. Ann. c. 461-A—Parental Rights and Responsibilities

Editor(s)

Marital Master(s)

Author(s)