NH Divorce Dictionary, Annotated Chynoweth Legal Services Attorneys Concord New Hampshire

ABANDONMENT - The act of leaving a SPOUSE or child on purpose and without intent to return; When a SPOUSE, without sufficient cause, and without the consent of the other SPOUSE, has abandoned or refused, for 2 or more years, to live with the other SPOUSE. NH RSA 458:7 IX; See also NH RSA 458-A:3 I (c) and NH RSA 460:28.

ABSOLUTE DIVORCE - A complete DIVORCE from the bonds of matrimony - the only kind of DIVORCE in New Hampshire. NH RSA 457:7, 7-a.ADMISSIBLE EVIDENCE - EVIDENCE allowed by the COURT to be presented to the COURT. See EVIDENCE and RELEVANT EVIDENCE.

ADMISSION - a voluntary acknowledgment of the existence of facts relevant to an ADVERSARY’s case.

ADULTERY - Voluntary sexual intercourse between a married person and a person not that person’s SPOUSE; "A person is guilty of a class B misdemeanor if, being a married person, he engages in sexual intercourse with another not his SPOUSE or, being unmarried, engages in sexual intercourse with another known by him to be married." NH RSA 645:3. See also NH Superior Court Rule 177, "ADULTERY".

AFFIDAVIT - A voluntary written statement sworn to and by the person making the statement in front of an person authorized by the State of New Hampshire to administer OATHs or take AFFIRMATIONs. For example in use see NH RSA 458:9 III and NH RSA 458-D:8.

AFFIRMATION - A pledge equivalent to an OATH, but without reference to a supreme being or to "swearing."

AFFIRMATIVE DEFENSE - A person’s assertion of new facts, if true, and arguments that defeat another person’s claims even if all ALLEGATIONs of the other person are true.

AGREEMENT - An understanding, actual or implied, between two or more persons about their rights and duties regarding past or future performance by each.

ALIMONY - A COURT-ORDERed allowance that a person pays to their former-SPOUSE for MAINTENANCE and SUPPORT; "In determining the amount of ALIMONY, the COURT shall consider the length of the marriage; the age, health, social or economic status, occupation, amount and sources of income, the PROPERTY awarded under NH RSA 458:16-a, vocational skills, employability, ESTATE, liabilities, and needs of each of the PARTIES; the opportunity of each for future acquisition of capital ASSETS and income; the FAULT of either party as defined in NH RSA 458:16-a, II (l), and the federal tax consequences of the ORDER." NH RSA 458:19 IV (b).

ALTERNATIVE DISPUTE RESOLUTION (ADR) - A procedure for formally settling a dispute by means other than LITIGATION, such as MEDIATION; See NH Superior Court Rule 170, "ALTERNATIVE DISPUTE RESOLUTION (ADR)". LAWYERs who are a part of The COLLABORATIVE LAW Alliance of New Hampshire (www.CollaborativeLawNH.org ) provide one type of ADR services.

ANNULMENT - A judicial decision that a marriage is void. Unlike a DIVORCE, an ANNULMENT establishes that the marriage never existed in law; See NH RSA 458:1-3.

ANSWER - A RESPONDENT’s formal, written RESPONSE to a PETITION; For DIVORCE "ANSWER" see NH Superior Court Rule 185.

ANTENUPTIAL AGREEMENT - A written AGREEMENT between intended SPOUSEs made before marriage which addresses issues of SUPPORT and PROPERTY division if the marriage ends in DIVORCE or death. See NH RSA 460-2-a. For reference to "enforceability" see NH RSA 458:52. Also known as PREMARRIAGE AGREEMENT and PRENUPTIAL AGREEMENT.

APPEAL - A request made after an HEARING on the merits for a "higher" COURT to decide if the HEARING was properly conducted. See NH Supreme Court Rules 7, 8, 9 and 10.

APPEAR - To accept the JURISDICTION of the COURT by filing an APPEARANCE (but see "SPECIAL APPEARANCE" below).

APPEARANCE - The form completed and FILEd with the COURT stating that a party APPEARs, either PRO SE or by an ATTORNEY. For DIVORCE "APPEARANCE" see NH Superior Court Rule 184.

APPELLATE COURT - The COURT that hears an APPEAL. In New Hampshire, only the NH SUPREME COURT may hear an APPEAL of a DIVORCE.

APPELLEE - The party against whom an APPEAL is taken and whose role is to respond to that APPEAL.

APPRAISAL - The expert determination of what is fair market value of PERSONAL PROPERTY or REAL PROPERTY in a written report.

ARREARAGE - The amount behind in payment of a debt, obligation or COURT ORDER (especially CHILD SUPPORT); For use, see NH RSA 458-B:1 ("...(A)rrearage means the total amount of unpaid SUPPORT which has accrued since the EFFECTIVE DATE of a legal ORDER..."); See also NH RSA 461-A:17 VIII.

ASSETS - An item that is owned and has value. For and example in use, see NH RSA 458:16-a. ("PROPERTY shall include all tangible and intangible PROPERTY and ASSETS, real or personal, belonging to either or both PARTIES, whether TITLE to the PROPERTY is held in the name of either or both PARTIES.")

ASSISTED- Client controlled matter where client appears on his/her behalf, but attorney provides advice on some oral of the following: A lternative D ispute R esolution options; client's legal rights and obligations, comment on client's self-diagnosis of matter, guidance on procedural information on filing and service of process, discovery preparation and/or legal research and analysis.

ATTORNEY - In New Hampshire, a member of the New Hampshire Bar Association. See also LAWYER.

BENEFICIARY - The person who gets the benefit of an appointment or assignment (such as someone receiving from a will or trust).

BEST INTEREST OF THE CHILD - In New Hampshire FAMILY LAW, a variable standard related to PARENTAL RIGHTS AND RESPONSIBILITIES and SUPPORT of a child. Determination of best interest is guided by various factors such as the relationship of each child with a parent and the ability of each parent. For further factors used in determination of "best interest" see NH RSA 461-A:6. See also NH RSA 458-A: 1, 3 I (b), (d)(2), and NH RSA 458-B 2 I (c)(1).

BIGAMY - The condition of a married person who knows that he/she is not legally eligible to marry and marries another. In New Hampshire, BIGAMY is a felony. NH RSA 639:1; See also NH RSA 457:41.

BURDEN OF PERSUASION - A LITIGANT’s duty to convince a JUDGE to view the facts of a case in a way that favors the LITIGANT; For example in use see NH RSA 461-A:17-e II.

BURDEN OF PROOF - A LITIGANT’s duty to prove a disputed assertion. For example in use, see NH RSA 461-A:17 II.

CAPIAS - A COURT paper that requires a law officer to take a named person into CUSTODY. For example in use, see NH RSA 546-B:16 II (I).

CAPTION - The introductory part of a COURT paper stating the name and location of the COURT, the names of the PARTIES, the DOCKET or FILE number and the title of the action. For example in use see NH RSA 170-B:12 III (a).

CASE MANAGER - In New Hampshire, a COURT employee in the FAMILY DIVISION COURT who provides information to LITIGANTs about the law and COURT process.

CASE MANAGEMENT CONFERENCE - In New Hampshire’s FAMILY DIVISION COURT an event at which DIVORCE LITIGANTs meet with the CASE MANAGER.

CERTIFICATE OF DIVORCE - A New Hampshire Bureau of Vital Records report form completed by a party to the DIVORCE and submitted to the COURT. The form must be typed and submitted, usually by the PETITIONER, before the COURT will issue JUDGMENT in a DIVORCE. See NH Superior Court Rule 203.

CERTIFICATE OF MARRIAGE - A State of New Hampshire report form stating that the maker performed a marriage or ceremony or administered a sacrament, was made by a member of the clergy, public official, or other person authorized by the rules or practices of a religious organization or by law to perform the act certified, and purporting to have been issued at the time of the act or within a reasonable time thereafter. See NH RSA 126:24. For example in use see NH RSA 457:8, 29. For use as EVIDENCE see NH Rule of Evidence 803 (12).

CHAMBERS’ CONFERENCE - A meeting of LAWYERs for both PARTIES with the JUDGE, in CHAMBERS.

CHILD CUSTODY - In DIVORCE, the COURT-awarded responsibility for care, control and education of a minor child. See NH RSA 461-A:17. When there is not a COURT ORDER, New Hampshire parents have JOINT CUSTODY. See NH RSA 463:3.

CHILD IMPACT SEMINAR - In New Hampshire, a 4-hour mandatory session for married or unmarried parents of minor children who are involved in COURT PARENTAL RIGHTS AND RESPONSIBILITIES disputes. For attendance requirement, see NH RSA 458-D.

CHILD SUPPORT - A parent’s legal obligation to contribute to the economic well-being and education of a child. For requirement to pay CHILD SUPPORT in New Hampshire see NH RSA 461-A:17. For payment of CHILD SUPPORT through WAGE ASSIGNMENT see NH RSA 458-B. For calculation of CHILD SUPPORT see NH RSA 458-C and "CHILD SUPPORT GUIDELINES" below.

CHILD SUPPORT CALCULATION WORKSHEET - A COURT form applying a formula to determine the amount of CHILD SUPPORT to be paid. See NH RSA 458-C:3 and NH Superior Court Rule 200.

CHILD SUPPORT GUIDELINES - In New Hampshire, a uniform system used in determination of the amount of CHILD SUPPORT to be paid by one parent to the other. See, generally, NH RSA 458-C.

CHILD SUPPORT MODIFICATION - A COURT-ORDERed change in CHILD SUPPORT. A change in SUPPORT cannot alter the amount of ARREARAGEs due prior to the change. See NH RSA 458:14, 17 VIII. See also NH RSA 546-B for the procedure for changing of an out-of-state ORDER.

CLEAR TITLE - A TITLE to PROPERTY free of any ENCUMBRANCEs, burdens or other limitations. See also TITLE and MARKETABLE TITLE.

CLERK OF COURT - A COURT officer responsible for filing papers, issuing ORDERS OF NOTICE, and keeping RECORDs of COURT proceedings. For example duties of a New Hampshire COURT CLERK relative to DIVORCE see NH RSA 457:5-a; 458:25,28; 458-A:16; and 458-D:2

CLERK’S OFFICE - The physical location of the activities of the CLERK OF COURT.

COBRA - The federal C omprehensive O mnibus B udget R econciliation A ct requires an employer’s insurance company to give access to health insurance coverage at group rates after the occurrence of an event, like DIVORCE, which would otherwise end the coverage for a once- covered person. See 26 US Code Section 162(k)(3).

CO-PARENTING - Full participation by both parents in the caring for, and SUPPORT and education of a child(ren) of the parents. In New Hampshire, not a word used in the DIVORCE statute. See JOINT PHYSICAL CUSTODY.

CO-RESPONDENT -The third person in a divorce accused of ADULTERY with a SPOUSE. See NH RSA 458:11.

COHABITATION - The fact or state of living together, especially as partners in life, usually with the suggestion of sexual relations. For example use, see NH RSA 458:13.

COLLABORATIVE LAW - Legal representation without LITIGATION. An ADR method in which both PARTIES in a disputed matter, with their LAWYERs, agree that the LAWYERs are only engaged for out-of-court representation. See www.CollaborativeLawNH.org

COMMON-LAW MARRIAGE - In New Hampshire, a "marriage" recognized by the Probate Court under certain conditions but only after the death of one of the persons in the "marriage". NH RSA 457:39.

COMPLAINT - The initial paper FILEd with the court that starts a civil action. In New Hampshire, no longer a term used to start a DIVORCE or LEGAL SEPARATION (but for example use see NH RSA 458-D:2). See also LIBEL and PETITION.

CONFERENCE - In New Hampshire DIVORCE practice, a meeting of LITIGANTs and the COURT in which procedural issues are addressed. For use in practice, see NH Superior Court Rules 190 and 192-194.

CONFLICT OF INTEREST - A seeming or actual incompatibility between a person’s private and public interests or competing public interests that makes impartiality suspect or not possible. For the New Hampshire CONFLICT OF INTEREST rules relating to JUDGEs see NH Supreme Court Rule 38. For the New Hampshire CONFLICT OF INTEREST rule relating to ATTORNEYs see NH Rule of Professional Conduct 1.7.

CONTEMPT OF COURT - A finding that a person without just cause has failed to obey a COURT ORDER issued for another party’s benefit. For example uses of such a finding in New Hampshire DIVORCE matters see NH RSA 461-A:17 XVI, 51 and NH RSA 458-B:2 II (a). See also NH Superior Court Rule 204.

CONTESTED DIVORCE - A litigated DIVORCE. DIVORCEs can be litigated on procedure or substance. In New Hampshire, the possible substantive issues in a litigated DIVORCE are PARENTAL RIGHTS AND RESPONSIBILITIES and "VISITATION", CHILD SUPPORT, ALIMONY and division of ASSETS and debts. See LITIGATION.

CONTINGENT FEE - A fee charged by and for a LAWYER’s services only if a case is ended successfully, in or out-of-court. In New Hampshire, a LAWYER cannot charge or collect a CONTINGENT FEE in domestic relations matters. See NH Rule of Professional Conduct 1.5(d).

CONTINUE (CONTINUANCE) - To postpone (a postponement). For example in use, see NH Superior Court Rules 49, 50.

CONVEY (CONVEYANCE) - To transfer (a voluntary transfer of a right or PROPERTY). For example in use see NH RSA 460:8, 11.

COUNTER CLAIM - A CLAIM for relief by a person responding to COURT-FILEd CLAIM of another. See "CROSS-PETITION".

COURT - A JUDGE or JUDGEs who seek justice and decide disputes. Also the "...issuing authority, including... the department of health and human services, having JURISDICTION to issue a CHILD SUPPORT ORDER." NH RSA 458-C:2 III.

COURT CALENDAR - The COURT’s list of matters scheduled for TRIAL, HEARING or CONFERENCE. For example in use, see NH RSA 458-A:23.COURT CLERK - See CLERK OF COURT.

COURT HOUSE - The physical location in which the COURT usually conducts its business.

CROSS-EXAMINATION - COURTROOM interrogation of an adverse party or WITNESS. For allowed scope of CROSS-EXAMINATION see NH Rule of Evidence 611 (b). See also DIRECT EXAMINATION.

CROSS-PETITION - See COUNTER CLAIM. For example in use, see NH Superior Court Rule 185.

CUSTODIAL RIGHTS - (An obsolete term no longer used in New Hampshire Family Law) The rights of a parent with CHILD CUSTODY. See Parental Rights and Responsibilities.

CUSTODIAL PARENT - (An obsolete term no longer used in New Hampshire Family Law)The specific, identified and COURT-ORDERed parent(s) having CHILD CUSTODY. See Parental Rights and Responsibilities.

CUSTODY - (An obsolete term no longer used in New Hampshire Family Law) The care and control of a person or PROPERTY. See Parental Rights and Responsibilities.

DECREE - A judicial decision. For example in use, see NH RSA 458:7-b, 24, NH RSA 458-A: 12, 14 and 458-B:1.

DEFAULT - The failure to perform a COURT-ORDERed duty. For example in use, see NH RSA 458-A:9 and NH Superior Court Rule 36 (last paragraph).

DEPOSITION - A WITNESS’s formal, out-of-COURT oral TESTIMONY reduced to writing for DISCOVERY purposes or use in COURT. For example in use, see NH Superior Court Rules 37-44.

DEPRECIATION - A decline in the value of ASSETS because of use, wear or the passing of time.

DIRECT EXAMINATION - The first questioning of a WITNESS in a TRIAL or HEARING. See also CROSS-EXAMINATION. For example in use, see NH Rule of Evidence 611 (c).

DISCOVERY - The process of requiring disclosure of information by the other LITIGANT. See NH Superior Court Rules 35, 36.

DISSOLUTION - The act of bringing a circumstance to an end. See DISSOLUTION OF MARRIAGE and DIVORCE.

DISSOLUTION OF MARRIAGE - See DIVORCE. For example in use, see NH RSA 458: 16-a.

DIVORCE - The ending of a marriage by COURT ORDER. See generally NH RSA Title 43.

DOCKET - To note or enter into a COURT’s record books or to schedule a matter in the COURT CALENDAR. For example in use, see NH RSA 458:28 and NH Superior Court Rules 3, 10 and 11.

DOCKET NUMBER - A number that a COURT CLERK assigns sequentially to newly DOCKETed cases.

DOMESTIC RELATIONS LAW - See FAMILY LAW. For example in use, see generally NH Laws Title 43.

DOMESTIC VIOLENCE - In New Hampshire, committing or attempting to commit the abuse of another family or household member. See NH RSA 173-B:1,1X

DOMESTIC VIOLENCE ORDER- A temporary or final COURT ORDER protecting the person requesting protection from DOMESTIC VIOLENCE. See NH RSA 173-B:4,5.

DOMICILE - A person’s true, principal and permanent home. For example in use see NH RSA 458:4,5,6 and 31.

DOVE - In New Hampshire, the D OMESTIC V IOLENCE E MERGENCY P ROJECT which provides free legal services to eligible DOMESTIC VIOLENCE victims though local crisis intervention centers. For information call 1800 852 3388.

EFFECTIVE DATE - The date that the DECREE becomes final. See NH Superior Court Rules 208 and 209.

EMANCIPATION - The point at which a minor comes of age. In New Hampshire, generally this is eighteen (18) years of age. See NH RSA 21-B:1.

EQUITABLE DISTRIBUTION - In a New Hampshire DIVORCE, the division of MARITAL PROPERTY that is fair in light of all the circumstances, but not necessarily equal. For example in use, see NH RSA 458:16-a II.

EQUITY - The total of the legal principles of what is right and fair. Compare to LAW.

ESTATE - The amount and quality of a person’s or married couple’s real and personal PROPERTY.

EVIDENTIARY HEARING - A HEARING at which RELEVANT EVIDENCE is heard. A non-EVIDENTIARY HEARING is a HEARING at which only legal arguments are heard. For example in use see NH Superior Court Rule 58. See also OFFERS OF PROOF.

EXHIBIT - A document or other item introduced into the RECORD as EVIDENCE at a COURT HEARING.

EX-PARTE (pronounced "x-par-tay")- For or by one person only with no NOTICE to another person who may be interested. For example in use, see NH RSA 458:16 II (a), (b), (c) and NH Superior Court Rules 164 and 187.

EXPERT WITNESS - A person who through special knowledge, skill, experience, training or education is able to provide TESTIMONY in the form of OPINION or otherwise. For example in use, see NH Superior Court Rules 35.f and 192 D. and NH Rules of Evidence 702-705 and 803 (18).

FAMILY DIVISION - In New Hampshire, a COURT only in which has the combined JURISDICTION over all FAMILY LAW matters, including DIVORCE, SUPPORT, abuse and neglect, adoption and termination of parental rights. For example in use see NH RSA 173-B:2 IV and "FAMILY DIVISION Pilot Program Rules" (effective July 1, 1996).

FAMILY LAW. The body of law and legal procedure addressing MARRIAGE, DIVORCE, LEGAL SEPARATION, PARENTAL RIGHTS AND RESPONSIBILITIES, SUPPORT, abuse and neglect, adoption and termination of parental rights. See also DOMESTIC RELATIONS.

FAULT - The legal basis for a DIVORCE in favor of an innocent SPOUSE. The following are FAULT GROUNDS for DIVORCE in New Hampshire: incurable impotence at time of marriage; ADULTERY; extreme cruelty; conviction and a year or more imprisonment for a crime; treatment to injure health or endanger reason; missing and not heard of for two years; habitual drunkard; on religious GROUNDS refusal to "cohabitate" for 6 or more months; ABANDONMENT. See NH RSA 458:7, as annotated. For example in use, see NH RSA 458:16-a II (l) and NH RSA 458:19 IV (b).

FILE - To deliver a legal document for DOCKETing in the COURT’s official RECORD. For example in use, see NH RSA 458:5-a, 9,15-a,16,16-b, and 26.

FINAL DECREE - The last ORDER of a COURT in a particular matter, usually written. For example in use, see NH Superior Court Rules 206-211.

FINAL ORDER - See FINAL DECREE. For use of FINAL DECREE synonymous with FINAL ORDER see NH Superior Court Rule 201.

FINANCIAL AFFIDAVIT - In a New Hampshire FAMILY LAW, a statement of ASSETS, debts and expenses sworn to under OATH and submitted to the COURT. For example in use, see NH Superior Court Rules 197 and 198.

GOOD FAITH - An honest, reasonable statement, belief or purpose with an absence of intent to defraud or cheat for advantage. For example is use, see NH RSA 458:16-a and 23, NH Superior Court Rule 54 and NH Rule of Evidence 804 (b) (5).

GROUNDS - The basis for a DIVORCE FINAL DECREE. See FAULT and IRRECONCILABLE DIFFERENCES.

GUARDIAN AD LITEM - In a New Hampshire FAMILY LAW matter, a COURT appointed advocate for the interests of the child(ren) involved in the matter. For example in use, see NH RSA 461-A:17-a. See also NH Superior Court Rules 212 and 213.

HARASSMENT - Words, conduct or action that, being directed at a specific person, annoys, alarms, or causes substantial emotional distress in that person and serves no legitimate purpose. See NH RSA 644:4.

HEARING NOTICE - A document issued by the CLERK OF COURT that shows the date, time, location and topic of the COURT HEARING. Often included are instructions on the length of time scheduled and what documents need to be presented to the JUDGE at the time of the HEARING.

HEARING - A judicial session held for the purpose of deciding issues of fact or law, sometimes where TESTIMONY is given and where argument is made.

HEARSAY - TESTIMONY that is given by a WITNESS who relates not what he or she knows personally, but what others have said, and that is therefore dependent on the credibility of someone other than the WITNESS. Such TESTIMONY is generally inadmissible. See NH Rules of Evidence 801 - 806.

HOLD HARMLESS - An AGREEMENT between two PARTIES by which one person agrees to assume full responsibility for an obligation and protect the other from any loss or expense from that obligation.

HOSTILE WITNESS - A WITNESS who is biased against the examining party or who is unwilling to testify. A HOSTILE WITNESS may be asked leading questions on DIRECT EXAMINATION.

IMPEACHMENT - The act of challenging the accuracy and/or truthfulness of a WITNESS with either inconsistent statements or other conflicting EVIDENCE.

IN CAMERA - When proceedings are held in the CHAMBERS of a JUDGE without the participating PARTIES, or in the COURT ROOM with all spectators excluded. This is usually the procedure that is used when minor children testify.

INCORPORATION - A method of making a secondary document part of a primary document by including in the primary document a statement that the secondary document should be treated as if it were contained within the primary one. For example, the AGREEMENT reached by the PARTIES becomes part of the DECREE of DIVORCE.

INJUNCTION - A COURT ORDER commanding or preventing an action which is likely to cause physical or mental injury or PROPERTY loss to another individual. For example in use see NH RSA 458:16.

INTANGIBLE ASSETS - An ASSET that is not a physical object. Examples are patents, franchises, trademarks, copyrights and goodwill.

INTERLOCUTORY HEARING - Any HEARING at which a pretrial or COURT ruling is requested prior to and in preparation for a HEARING upon the merits. See NH Superior Court Rule 141.

INTERROGATORIES - Written questions submitted to an opposing party as part of the DISCOVERY process which must be answered and signed under OATH to gain knowledge pertaining to the issues in the matter before the COURT. See NH Superior Court Rule 36.

IRRECONCILABLE DIFFERENCES - The legal ground for a DIVORCE from the bonds of matrimony irrespective of the FAULT of either SPOUSE; persistent and unresolvable disagreements between SPOUSEs. See NH RSA 458:7-a.

IRREMEDIABLE BREAKDOWN - A GROUNDS for DIVORCE that is based upon incompatibility between marriage partners and that is used in many states as the sole ground of NO-FAULT DIVORCE. In New Hampshire, IRRECONCILABLE DIFFERENCES cause the IRREMEDIABLE BREAKDOWN of the marriage. See NH RSA 458:7-a.

IRREPARABLE HARM - An injury that cannot be adequately measured or compensated by money and is therefore often considered remediable by INJUNCTION.

JOINT LEGAL CUSTODY- (An obsolete term no longer used in New Hampshire Family Law) A form of CUSTODY of minor children in which both parents share the rights and responsibilities of making major decisions about the child’s welfare. Both parents have access to school and medical records of the child. Parental Rights and Responsibilities.

JOINT PETITION - A request for DIVORCE that is FILEd together by both SPOUSEs. When the PARTIES agree on the need for a DIVORCE, the GROUNDS (reasons) for the DIVORCE and the basic facts about the family unit, a JOINT PETITION can be FILEd.

JOINT PHYSICAL CUSTODY - (An obsolete term no longer used in New Hampshire Family Law) A form of CUSTODY of the minor children in which the parents share the actual care and CUSTODY of the child, each for a substantial period of time, usually attempting to reach a 50/50 split. Parental Rights and Responsibilities.

JOINT TENANCY - A form of PROPERTY ownership with two or more PROPERTY co-owners who take identical interests simultaneously by the same instrument and with the same right of possession.

JUDGE - A public official appointed [See New Hampshire Constitution Art. 46] to hear and decide legal matters in COURT. In New Hampshire, JUDGEs are appointed by the Governor and the Governor’s Executive Council. JUDGEs hear various types of cases, including DIVORCE, CUSTODY and CHILD SUPPORT, in the SUPERIOR COURT and the FAMILY DIVISION.

JUDGMENT - A ruling or final determination of the rights and obligations of the PARTIES in a case.

JURISDICTION - Legal ability of COURT to accept action for DIVORCE and make rulings on issues related to the PARTIES, their children and their PROPERTY. See NH RSA 458:5 for circumstances in which a New Hampshire COURT would have JURISDICTION over a DIVORCE.

LAW CLERK - Law student or law school graduate who has not yet passed the bar exam and been admitted as a LAWYER.

LAWYER - A person licensed by the New Hampshire SUPREME COURT to practice law in the State which includes representing clients in COURT and giving legal advice. See NH Supreme Court Rule 42. See also ATTORNEY.

LEGAL CUSTODY - (An obsolete term no longer used in New Hampshire Family Law) The right to make important decisions about the raising of your child, such as regarding health care, religious upbringing, education, etc. and to have access to school and medical records. Parental Rights and Responsibilities.

LEGAL SEPARATION - An arrangement whereby a husband and wife live apart from each other while remaining married, either by mutual consent or by judicial DECREE. See NH RSA 458:26.

LIEN - A legal right or interest that a CREDITOR has in another’s PROPERTY, lasting usually until a debt or duty that it secures is satisfied. It prevents the sale, transfer of TITLE or refinancing of the PROPERTY until the debt is satisfied. See NH RSA Title XLI.

LIQUIDATION VALUE - The price that an owner is compelled to accept when a PROPERTY must be sold without reasonable market exposure. This is usually below the fair market value.

LITIGATION - The process of resolving legal disputes through the COURT system with the MARITAL MASTER or JUDGE making the decisions.

LONG ARM STATUTE - A statute providing for JURISDICTION over a nonresident DEFENDANT who has contacts with the territory where the statute is in effect.

LUMP-SUM ALIMONY - ALIMONY inthe form of a single and definite sum not subject to MODIFICATION. See NH RSA 458:19 IV (a).

MAGISTRATE - A person who performs functions of a JUDGE but does not have the power to issue a COURT ORDER. These individuals make recommendations to the JUDGE as to the particulars of the case.

MAINTENANCE - The financial SUPPORT given by one person to another. See ALIMONY.

MANDATORY RETIREMENT - Amount listed on the FINANCIAL AFFIDAVIT taken by payroll deduction for certain retirement plans, generally for government employees, which is used in the calculation of CHILD SUPPORT obligations.

MARITAL MASTER - A judicial officer appointed by the SUPERIOR COURT to hear and decide DIVORCE and other FAMILY LAW cases. See NH Superior Court Administrative Rules 12-1 through 12-16.

MARITAL PROPERTY - ASSETS that are to be divided during the course of the DIVORCE or LEGAL SEPARATION process. Generally, this includes all PROPERTY that has been accumulated by the PARTIES during the marriage, regardless of whether the PROPERTY is held jointly or solely in the name of either the husband or the wife. See NH RSA 458:16-a.

MARITAL SETTLEMENT AGREEMENT - A written AGREEMENT entered into by the PARTIES in a DIVORCE which states each individual’s rights and AGREEMENTs with regards to MARITAL PROPERTY, CHILD SUPPORT and PARENTAL RIGHTS AND RESPONSIBILITIES.

MARKETABLE TITLE - A TITLE that a reasonable buyer would accept because it appears to lack any defect and to cover the entire PROPERTY that the seller has purported to sell.

MEDIATION - A method of non-binding dispute resolution involving a neutral third party who tries to help the disputing PARTIES reach a mutually agreeable solution. See also NEUTRAL EVALUATION. See NH RSA 458:15-a.

MEDIATOR - A neutral person trained in MEDIATION who presides over the MEDIATION process. See also NEUTRAL EVALUATOR.

MEMORANDUM OF UNDERSTANDING - A written statement detailing the preliminary understanding of the PARTIES who plan to enter into an AGREEMENT reached by MEDIATION.

MILITARY ALLOTMENT - a deduction from CHILD SUPPORT from the NON-CUSTODIAL PARENT on active duty in the United States Military.

MISTRIAL - A TRIAL that the JUDGE brings to an end, without a determination on the merits, because of a procedural error or serious misconduct occurring during the proceedings.

MODIFICATION - An ORDER changing the TERMs of another ORDER. For use with SUPPORT, see NH RSA 458-C:7. See NH Superior Court Rule 211.

MOTION HEARING - A HEARING on one or more MOTIONS. May be conducted by OFFERS OF PROOF or by live TESTIMONY.

MOTION TO MODIFY - a written request of the COURT to change a previous ORDER regarding PARENTAL RIGHTS AND RESPONSIBILITIES, CHILD SUPPORT, ALIMONY or other DIVORCE related decision.

NEED AND ABILITY TO PAY - In New Hampshire, the balancing test used by the COURT in determining whether or not to award ALIMONY to a requesting party. This test weighs the requesting party’s need for ALIMONY against the other party’s ability to pay the ALIMONY amount needed. See NH RSA 458:19.

NEGOTIATION - A method for resolving legal disputes whereby the PARTIES, or their LAWYERS - if they have one, prepare and exchange proposals. This may be done through either oral or written communication.

NEUTRAL EVALUATION - A form of ALTERNATIVE DISPUTE RESOLUTION (ADR) sponsored by the COURT in which a trained person, the NEUTRAL EVALUATOR, meets with the PARTIES and their LAWYERS, to assist them in trying to reach and AGREEMENT. The NEUTRAL EVALUATOR gives an independent view of the likely outcome of a CONTESTED DIVORCE. See NH Superior Court Administrative Rule 23 and NH RSA 458:15-a.

NEUTRAL EVALUATOR - A LAWYER approved by the Chief JUSTICE of the SUPERIOR COURT and completed the requisite training and who listens to each party’s view of the case and attempts to facilitate a dialogue between them to settle the dispute. See NH Superior Court Administrative Rule 23.

NH RSA - N EW H AMPSHIRE R EVISED S TATUTES A NNOTATED. The public laws of the State of New Hampshire. For a complete list of laws, visit www.nh.gov, laws and rules - statutes online.

NO-FAULT DIVORCE - A DIVORCE in which the PARTIES are not required to prove FAULT or GROUNDS beyond a showing of the IRREMEDIABLE BREAKDOWN of the marriage or IRRECONCILABLE DIFFERENCES. See NH RSA 458:7-a.

NON-CUSTODIAL PARENT - the parent who does not have PRIMARY PHYSICAL CUSTODY of the minor child(ren), and who typically is paying CHILD SUPPORT.

NON-MARITAL PROPERTY - Generally, PROPERTY considered by the COURT to belong to one party or the other as a result of owning prior to the marriage, or acquired by them individually such as by gift or inheritance during the marriage, which is not available for EQUITABLE DISTRIBUTION of marital assets.

NOTICE - Legal notification required by law to alert the DEFENDANT or RESPONDENT that a legal cause of action has been brought against him or her and that indicates that he or she needs to ANSWER and APPEAR. See NH RSA 458:9.

NULLITY - The invalidity of a presumed or supposed marriage because it is void on its face or have been voided by an ORDER of the COURT. See generally NH RSA 458:1 et seq.

OATH - A solemn declaration, accompanied by a swearing to God or a revered person or thing, that one’s statement is true or that one will be bound to a promise. See NH Rule of Evidence 603.

OBJECTION - A formal statement opposing something that has occurred, or is about to occur in COURT and seeking the JUDGE’s immediate ruling on that point. A COURT paper FILEd to reply to a MOTION.

OBLIGEE - The party to whom money or PROPERTY is owed as the result of an ORDER by the COURT. See NH RSA 458-B:1.

OBLIGOR - The party who owes money or PROPERTY as the result of an ORDER by the COURT. See NH RSA 458-B:1.

OFFER OF PROOF - In New Hampshire, a statement in a HEARING by a LAWYER which substitutes for a statement by a WITNESS.

OPENING STATEMENT - Statements by a LAWYER to the JUDGE or jury at the beginning of a TRIAL which summarize the case and the EVIDENCE to be presented, but not containing argument.

OPINION - a belief held by a person. In COURT, a WITNESS is restricted to stating facts and is not permitted to present an OPINION unless qualified as an EXPERT. See NH Rules of Evidence 701 - 706.

ORDER - A written or oral decision or command issued by the COURT, usually through the CLERK’S OFFICE, either as the result of the filing of a MOTION or a HEARING. See also COURT ORDER.

ORDER OF EXAMINATION - A COURT proceeding during which a DEBTOR is questioned about his or her ASSETS. The questioning is done under OATH.

ORDER TO SHOW CAUSE - An ORDER directing a party to APPEAR in COURT and explain why the party took (or failed to take) some action or why the COURT should or should not grant some relief.

ORDERS OF NOTICE - An ORDER issued by the CLERK’S OFFICE at the beginning of the case, which contains information on SERVICE.

PARALEGAL - A trained person who assists a LAWYER in duties related to the practice of law but who is not a licensed ATTORNEY.

PARENTAL RIGHTS AND RESPONSIBILITIES - All rights and responsibilities of parents concerning their children. See NH RSA 461-A. For a summary of NH RSA 461-A Click here.

PARTIAL AGREEMENT - A temporary or final AGREEMENT on some, but not all, of the issues pending before the COURT reached by the PARTIES and submitted to the COURT for approval. All remaining issues aredecided by the COURT after a HEARING.

PARTIES - The people officially taking part in the DIVORCE or PARENTAL RIGHTS AND RESPONSIBILITIES proceeding. For example, the husband and wife in a DIVORCE and the mother and father in a PARENTAL RIGHTS AND RESPONSIBILITIES action.

PERJURY - The act or an instance of a person deliberately making material false or misleading statements while under OATH.

PERSONAL DATA SHEET - A form required by the COURT at the initiation of the DIVORCE and/or PARENTAL RIGHTS AND RESPONSIBILITIES proceeding which states specific information about the PETITIONER and RESPONDENT, including their name, address and other personal information. See NH Superior Court Rule 196.

PERSONAL JURISDICTION - A COURT’s power to bring a person into its adjudicative process and make an ORDER about that individual and have it enforced. See NH RSA 458:3 through 458:6.

PERSONAL PROPERTY - any movable or intangible thing that is subject to ownership and not classified as REAL PROPERTY.

PETITION - A formal written request presented to the COURT to start a DIVORCE, post-DIVORCE or PARENTAL RIGHTS AND RESPONSIBILITIES case in the State of New Hampshire. See NH Superior Court Rules 173 and 174.

PHYSICAL CUSTODIAL RIGHTS - The right of a parent to have the minor child with him or her, most often used to refer to the NON-CUSTODIAL PARENT. (Formerly referred to as "VISITATION").

PHYSICAL CUSTODY -(An obsolete term no longer used in New Hampshire Family Law) The day-to-day rights and responsibilities associated with having child(ren) in a home and being responsible for his or her care and upbringing. This arrangement can be (1) sole; (2) shared/joint or (3) primary. Parental Rights and Responsibilities.

PLAN ADMINISTRATOR - The person legally responsible for a retirement plan. This is the person who deals with QUALIFIED DOMESTIC RELATIONS ORDER (QDRO).

PLEADING - A formal document in which a party to a legal proceeding sets forth or responds to ALLEGATIONs, CLAIMs, denials or defenses.

PRAYER - The portion at the end of the PLEADING which states the relief and/or damage that the COURT is requested to award.

PRECEDENT - A decided case that furnishes a basis for determining later cases involving similar facts and issues.

PREMARITAL AGREEMENT - See ANTENUPTIAL AGREEMENT and PRENUPTIAL AGREEMENT. A written AGREEMENT between intended SPOUSEs made before marriage which addresses issues of SUPPORT and PROPERTY division if the marriage ends in DIVORCE or death. See NH RSA 460-2-a. For reference to "enforceability" see NH RSA 458:52.

PRENUPTIAL AGREEMENT - See ANTENUPTIAL AGREEMENT and PREMARITAL AGREEMENT. A written AGREEMENT between intended SPOUSEs made before marriage which addresses issues of SUPPORT and PROPERTY division if the marriage ends in DIVORCE or death. See NH RSA 460-2-a. For reference to "enforceability" see NH RSA 458:52.

PRETRIAL CONFERENCE - A meeting of the JUDGE and LAWYERS to discuss which matters will be presented at TRIAL, to review EVIDENCE and WITNESSes, to set a timetable, and to discuss the SETTLEMENT of the case. See NH Superior Court Rule 192.

PRIMARY PHYSICAL CUSTODY - (An obsolete term no longer used in New Hampshire Family Law) The rights of the parent who has the care of the minor child(ren) most of the time. PARENTAL RIGHTS AND RESPONSIBILITIES.

PRIVILEGE - A special legal right, exemption, or immunity granted to a person or class of persons; an exception to a duty. The most common in marital cases would be the ATTORNEY-client PRIVILEGE.

PRO BONO - A New Hampshire Bar Association sponsored program where clients who meet strict financial guidelines are provided with free legal representation by a New Hampshire LAWYER. Visit www.nhbar.org for more information.

PROPERTY - ASSETS - either tangible or intangible - including REAL PROPERTY (i.e. REAL ESTATE), furniture, other household contents, motor vehicles, bank accounts, retirement accounts, investments, stock options, business goodwill, etc.

PROPOSED ORDER - A PLEADING by each party setting forth what ORDER each would like the COURT to make.

QUALIFIED DOMESTIC RELATIONS ORDER (QDRO) - a COURT ruling stating that a portion of one SPOUSE’s pension or retirement account is to be awarded to the other SPOUSE as part of the EQUITABLE DISTRIBUTION of the MARITAL ASSETS.

QUALIFIED MEDICAL CHILD SUPPORT ORDER (QMCSO) - An ORDER concerning health insurance for the minor child(ren).

QUITCLAIM DEED - A DEED that CONVEYs a grantor’s present interest or CLAIM in certain REAL PROPERTY, but not the land itself. Since the DEED purports to CONVEY whatever interest the grantor has at the time, its use excludes any implication that he has good TITLE, or any TITLE at all. For statutory form, see NH RSA 477:28.REAL ESTATE - See REAL PROPERTY.

REAL PROPERTY - All interests, benefits and rights inherent in the ownership of physical land and the things growing on, attached to, or erected on it, excluding anything that may be severed without injury to the land.

REBUTTAL - An introduction of EVIDENCE in response to a matter raised by the opposing party.

RECIPROCITY - The process of cooperation between states and countries to establish and enforce ORDERs related to DIVORCE, CHILD SUPPORT and PARENTAL RIGHTS AND RESPONSIBILITIES matters. For example in use, see the Uniform CHILD CUSTODY JURISDICTION Act (UCCJA) NH RSA 458-A and the Uniform DIVORCE Recognition Law - NH RSA 459.

RECONCILIATION - Rehabilitation of a broken marriage relationship. See NH RSA 458:7-b.

RECORD - The official report of the proceedings in a case, including the FILEd papers, a verbatim TRANSCRIPT of the TRIAL or HEARING (if any), and tangible EXHIBITs.

RE-CROSS - The second round of CROSS-EXAMINATION that occurs after REDIRECT in a TRIAL.

RE-DIRECT - The second round of DIRECT EXAMINATION that occurs in the TRIAL after CROSS-EXAMINATION, being limited to matters covered during CROSS-EXAMINATION.

REHABILITATIVE ALIMONY - ALIMONY necessary to assist a party in regaining a useful and constructive role in society through vocational or other training. See generally NH RSA 458:19.

RELEASE - A document that lets go of a person’s right or CLAIMed right to something. In FAMILY LAW cases, it is usually a written authorization for one party to obtain information about the other party from a third party, often requested during the course of DISCOVERY. For example, medical records from a doctor’s office; motor vehicle records from the Department of Motor Vehicles, or criminal records from the State or Local Police Department or COURT.

RELEVANT EVIDENCE - (1) "RELEVANT EVIDENCE" means EVIDENCE having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the EVIDENCE. NH Rule of Evidence 401. (2) All "RELEVANT EVIDENCE" is admissible, except as limited by constitutional requirements or as otherwise provided by statute or by these RULES or by other RULES prescribed by the New Hampshire SUPREME COURT. EVIDENCE which is not relevant is not admissible. NH Rule of Evidence 402.

REMAND - When an APPELLATE COURT sends a case back to a lower COURT for further proceedings.

REPRESENTATION-Providing or getting the legal services necessary to and for the client's claim and/or to promote and protect the client's interest. Attorney appears on client's behalf and prepares all necessary paperwork.

REQUEST FOR PRODUCTION - A formal part of the DISCOVERY process whereby one party, through his or her LAWYER, asks the other side to produce documents or other tangible things for inspection and copying. See NH Superior Court Rule 36.

RESIDENCE - The place where a party actually lives, as distinguished from DOMICILE.

RESIDENCY REQUIREMENT TO START DIVORCE - (1) "JURISDICTION TO GRANT DIVORCE" - means both parties were living in the state when the divorce was filed in the same state. (2) The plaintiff filed for divorce and served the defendant with the notice of divorce in the state where both are living. (3) The plaintiff has to have been living in the state for one year before filing for divorce. The defendant not living in the state, but served by the plaintiff living in the state where the divorce is filed, may have affirmative relief upon filing a cross petition. See generally NH RSA 458:5.

RESPONDENT - The party against whom a MOTION or PETITION is FILEd. See also DEFENDANT.

RESPONSE - The formal written document FILEd by the DEFENDANT or RESPONDENT to answer the COMPLAINT, PETITION or SUMMONS. See also ANSWER. NH Superior Court Rule 185.

RESTRAINING ORDER - A COURT ORDER prohibiting or restricting a person’s actions. See TEMPORARY RESTRAINING ORDER.

RETAINER - A monetary fee paid to a LAWYER to initially secure legal representation in a case.

RETAINER AGREEMENT - A written AGREEMENT between a LAWYER and client delineating their responsibilities to each other.

RETURN DATE - The deadline for filing an APPEARANCE by the DEFENDANT or RESPONDENT. See NH Superior Court Rules 178 and 183.

RIGHT OF SURVIVORSHIP - The right of joint owners to automatically receive the other’s share of PROPERTY upon the death of the other owner. See NH RSA 477:19 which refers to NH RSA 477:18.

RULES - The COURT procedures for a particular type of case. Each COURT system (i.e. District Court, SUPERIOR COURT, and the SUPREME COURT) has its own set of guidelines which regulate the cases in each system.

RULES OF EVIDENCE - The RULES that pertain to the delivering of EVIDENCE in a HEARING or DEPOSITION. See NH Rules of Evidence 100 - 1103.

SALES COMPARISON APPROACH - A set of procedures in which an appraiser derives a value indication by comparing the PROPERTY being appraised to similar properties that have been sold recently, applying appropriate units of comparison, and making adjustments, based on the elements of comparison, to the sale prices of the comparables.

SANCTIONS - A penalty or coercive measure ORDERed by the COURT that results from failure to comply with a law, rule or ORDER. See NH Superior Court Rule 195.

SEPARATION - An arrangement whereby husband and wife live apart from each other while remaining married, either by mutual consent or by judicial DECREE. See NH RSA 458:26 and 458:27.

SEPARATION AGREEMENT - An AGREEMENT between SPOUSEs in the process of DIVORCE or LEGAL SEPARATION concerning ALIMONY, PROPERTY division, PARENTAL RIGHTS AND RESPONSIBILITIES and CHILD SUPPORT and the like.

SERVICE - The formal delivery of a COMPLAINT, PETITION or SUMMONS. In New Hampshire FAMILY LAW matters, this can be accomplished by certified mail service or service by Sheriff. See NH RSA 458:9.

SETOFF - A debt or financial obligation of one SPOUSE that the COURT weighs against a debt or financial obligation of the other SPOUSE.

SETTLEMENT AGREEMENT - The written version of the settlement that ends the DIVORCE or PARENTAL RIGHTS AND RESPONSIBILITIES process.

SETTLEMENT CONFERENCE - A COURT CONFERENCE to evaluate whether or not a case can be settled. See NH Superior Court Rule 193.

SOLE CUSTODY - (An obsolete term no longer used in New Hampshire Family Law) A form of CUSTODY where only one parent is granted LEGAL CUSTODY or PHYSICAL CUSTODY or both. Parental Rights and Responsibilities.

SPECIAL APPEARANCE - A DEFENDANT’s pleading and/or showing up for COURT for the sole purpose of contesting PERSONAL JURISDICTION or improper SERVICE OF PROCESS.

SPOUSAL SUPPORT - Money paid form one SPOUSE to the other in one lump sum or in installments for a period of time. See ALIMONY. NH RSA 458:19.

STALKING - The offense of following or loitering near another, often with the purpose of annoying or harassing that person or committing a further crime such as assault or battery. See NH RSA 633:3-a.

STANDING ORDER (SO) - In New Hampshire FAMILY LAW, part of the UNIFORM SUPPORT ORDER (USO) which contains the basic legal TERMs that apply to all cases, unless excepted within the ORDER.

STATUS CONFERENCE - A COURT CONFERENCE to review and evaluate how a case is progressing. See NH Superior Court Rule 193.

STIPULATION - A voluntary AGREEMENT between the PARTIES resolving some or all of the disputed issues in the case.

STRUCTURING CONFERENCE - A COURT CONFERENCE, generally within 60 days of the RETURN DATE, when the COURT, with input from the PARTIES, outlines and schedules the action required to complete the case. See NH Superior Court Rule 190.

SUBPOENA - A document ORDERing a WITNESS to APPEAR at a HEARING or DEPOSITION and/or to bring specified documents or records for review. The WITNESS is subject to a penalty for failure to comply. See generally NH RSA 516.

SUMMONS - A WRIT or process commencing the PLAINTIFF’s action and requiring the DEFENDANT to APPEAR and ANSWER.

SUPERIOR COURT - In eight out of ten New Hampshire counties, the COURT that handles DIVORCE, PARENTAL RIGHTS AND RESPONSIBILITIES and CHILD SUPPORT cases. See NH RSA 491. Rockingham and Grafton counties currently handle cases through the FAMILY DIVISION and beginning on July 1, 2005, all other counties in New Hampshire will proceed under the FAMILY DIVISION. See HB-0643 (signed into legislation on June 15, 2004).

SUPPORT - Sustenance or MAINTENANCE; especially articles such as food and clothing that allow one to live in the degree of comfort to which one is accustomed.

SUPREME COURT - The highest COURT in the New Hampshire Judicial System. This COURT hears APPEALs from lower state COURTs and administrative agencies. See NH RSA 490.

TEMPORARY PARENTAL RIGHTS AND RESPONSIBILITIES - The parent or person who has PARENTAL RIGHTS AND RESPONSIBILITIES of the minor child(ren), until a further ORDER regarding the issue is made by the COURT.

TEMPORARY HEARING - A HEARING designed to resolve the short-term issues in a case. It results in the COURT issuing a TEMPORARY ORDER. See NH Superior Court Rule 189.

TEMPORARY ORDER - Initial ORDER issued, usually as the result of a TEMPORARY HEARING, that provides guidance to the PARTIES on each party’s rights and responsibilities during the phase of the case from the filing of the initial PETITION through the FINAL DECREE being issued.

TEMPORARY RESTRAINING ORDER - An ORDER that prohibits another person from an action that is likely to cause IRREPARABLE HARM. This differs from an INJUNCTION in that it may be granted immediately, without NOTICE to the other party, and without a HEARING. It is intended to last only until a HEARING can be held. For example,: threatening, harassing, or physically abusing the other SPOUSE and/or the children; taking money out of accounts, denying the other SPOUSE a motor vehicle, etc. See NH RSA 458:16.

TESTIMONY - Statements delivered by a WITNESS, under OATH, at a HEARING or DEPOSITION under DIRECT EXAMINATION or CROSS-EXAMINATION.

TITLE - Legal EVIDENCE of a person’s right to a particular PROPERTY. See also CLEAR TITLE and MARKETABLE TITLE.

TRANSCRIPT - The official RECORD of the proceedings in a TRIAL or HEARING as taken down by the COURT reporter. See also RECORD.

TRIAL - A formal HEARING to decide the disputed issues FILEd in the PETITION, COMPLAINT or SUMMONS.

TRIAL MANAGEMENT CONFERENCE - A HEARING before the COURT that is used to determine the organization of the FINAL HEARING. Usually this CONFERENCE is conducted two (2) weeks before the FINAL HEARING. See NH Superior Court Rule 194.

UNCONTESTED DIVORCE - A DIVORCE that is submitted to the COURT for approval where all of the issues have been resolved by the PARTIES or by MEDIATION or NEGOTIATION. Such submissions require the TESTIMONY of the PETITIONER, signed FINANCIAL AFFIDAVITS, UNIFORM SUPPORT ORDERS (if applicable) and a signed STIPULATION.

UIFSA (UNIFORM INTERSTATE FAMILY SUPPORT ACT) - the statute which enables one state to request assistance from another state in establishing or enforcing an ORDER for CHILD SUPPORT against a parent located in another state. See NH RSA 546-B.

UNIFORM SUPPORT ORDER (USO) - A COURT form, required in cases with minor children, that specifies the amount of CHILD SUPPORT and the method of payment, ALIMONY (if any), which parent will provide health insurance, and which parent will pay uninsured medical expenses. See NH Superior Court Rule 199.

URESA (UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT) - This has been repealed in New Hampshire and replaced with UIFSA.

VENUE - The geographically appropriate COURT in which a legal action is to be brought; For use, see NH RSA 458:9 ("All libels for DIVORCE shall be brought in the county in which the PARTIES, or one of them, live, and before the SUPERIOR COURT; and the NOTICE of the pendency thereof shall be given to the libelee as required by this section.")

"VISITATION" - Formerly, the period of time that the NON-CUSTODIAL PARENT spends with his or her child(ren). NH RSA 461-A:17 IV.

"VISITATION" CENTER - A publically supported facility that provides a safe, secure and structured place for the exchange of children between the custodial and NON-CUSTODIAL PARENT and/or "VISITATION". For more information visit, www.nhbar.org - NH Practice Guidelines - Supervised "VISITATION" Centers.

"VISITATION" EXPENSES - (An obsolete term no longer used in New Hampshire Family Law) An expenditure of money incurred during the NON-CUSTODIAL PARENT’s exercise of "VISITATION" with the minor child(ren). This amount is listed on the party’s FINANCIAL AFFIDAVIT on the monthly expense sheet. Parental Rights and Responsibilities.

"VISITATION" SCHEDULE - (An obsolete term no longer used in New Hampshire Family Law) A list of dates with start times and end times when each parent will exercise "VISITATION" with the minor child(ren). Parental Rights and Responsibilities.

WAGE ASSIGNMENT - An ORDER by the COURT requiring the employer of the NON-CUSTODIAL parent to deduct a specific amount of money for CHILD SUPPORT from the wages of the NON-CUSTODIAL parent. This ORDER is indicated on the UNIFORM SUPPORT ORDER. Also called Income Assignment. See NH RSA 458-B.

WAIVE - To abandon, renounce, surrender or give up a right or benefit. Ordinarily, one must do it knowingly with knowledge of the relevant facts.

WAIVER - A written document that relinquishes an individual’s rights. The party alleged to have WAIVEd a right must have had both knowledge of the existing right and the intention of foregoing it.

WITNESS - A person having knowledge of facts or other information pertaining to a specific situation. This person gives TESTIMONY, under OATH (1) in person, (2) by oral or written DEPOSITION, or (3) by AFFIDAVIT.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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