Nashua Marriage Separation Attorney
Serving Hillsborough County, New Hampshire
Spouses who decide to live separately can do so informally or formally. A formal court filing is required to define the respective rights and responsibilities of the spouses such as enforceable temporary custody, support, or the apportionment of property during separation.
Absent a legal proceeding, separation agreements are unenforceable in New Hampshire, thought a foreign agreement might be enforceable if it is not repugnant to public policy.
There are two ways to obtain a formal separation. The first is by filing a petition for legal separation. The second is by filing a petition for separate maintenance.
A legal separation is also known as a limited divorce. The spouses remain legally married so they are not free to remarry and no legal name change is obtained. The a legal marriage may be resumed by notifying the court in a formal written declaration.
The procedure and cost for a legal separation is similar to that for a divorce. A legal separation permits those who wish to remain married, for religious or other reasons, to do so. As a practical matter, most legal separations are later converted into divorces.
A spouse may petition for separate maintenance when the other is willingly absent or the two are living separately for justifiable cause. The court can issue temporary orders regarding restraint, child custody, child support, and spousal support or alimony. Temporary support is grounded in the mutual duty of care and support owed between spouses, as well as to their children. Resuming a unified home does not affect the enforceability of temporary orders; a subsequent court order is required.
Attorney Driscoll explains the law in plain-English. He can prepare you for what lies ahead. In a fog of chaos, I can work with you to develop your goals and provide you with choices and direction. Call (603) 589-4040 for a private consultation. His handicapped accessible office is conveniently located at 20 Trafalgar Square in Nashua, NH. My office is quickly accessible from Amherst Street (Route 101A) as well as Exits 7W and 8 off the Everett Turnpike.