Q. What is the mandatory disclosure Rule 1.25 A in New Hampshire divorce?

Q.  What is the mandatory disclosure Rule 1.25 A in New Hampshire divorce?

A.   This is a requirement that both parties exchange specified financial information and other documents early in the divorce process.

      Although there are exceptions, the exchange of Rule 1.25A mandatory disclosure must be completed within 45 days of the filing date in jointly filed petitions. Where an individual petition was filed to start the NH divorce, the parties need to provide the information to each other within 45 days from the date the non-filing party, or Respondent, received the petition.

     Circumstances in a divorce proceeding may cause a Court hearing be scheduled sooner than 45 day time requirement.  This first hearing does not include the First Appearance session. If you have a hearing scheduled within the 45 day requirement, these documents specified in Rule 1.25A must be exchanged 10 days prior to that initial hearing.

      You should have an attorney review your case thoroughly, and early on in the proceeding to assist you in how to handle your divorce. The Law Office of Richard E. Clark, LLC has offices located in Portsmouth NH, Dover NH, and Newburyport MA. Attorney Clark can be contacted at (603) 431-0009, or www.NHseacoastLawyers.com.

What are the NH criminal laws and penalties on drug possession and distribution/sales?

Q.   What are the NH criminal laws and penalties on drug possession and distribution/sales?

A.    Our clients typically are charged with drug crimes by the occurrence of either a stop by law enforcement based on a traffic violation or after the result of an investigation.

Drug charges are serious offenses that carry significant jail time and loss of driver’s license. The Courts do not look upon drug related charges lightly. Attorney Richard E. Clark handles drug charges individually to determine the best options of how to deal with each case. Some of Attorney Clark’s methods include attacking a procedural defect by law enforcement, Constitutional violations, Reasonable Suspicion or Probable Cause violations, Suppression of Evidence, Pre-Trial Motions, and trial.  

Possession of drugs and drug related crimes may carry the collateral consequence of loss of a driver’s license from 60 days to 2 years. Another serious concern Attorney Clark shares with his clients is the amount of jail time exposure. Some drug related charges carry imprisonment of up to 7 years confinement. Other drug violations have mandatory minimum jail confinement of 1 year.

Attorney Clark is certified and trained in Criminal Defense through the Commonwealth of Massachusetts. In the past he was appointed to the Newburyport District Court as a private contract criminal defense attorney for four years. Attorney Clark has extensive experience in criminal matters throughout New Hampshire and Massachusetts. He completed further criminal defense training through a nation criminal defense organization at Harvard Law School.

For NH drug related statutes, please visit www.NHseacoastLawyers.com or www.Dover-NH-Lawyers.com. The Law Office of Richard E. Clark, LLC can be contacted at (603) 431-0009 or (603) 749-2111.

Q. I missed the time frame to file a mechanics lien in NH. Can I still file a lien against the property in a NH lawsuit?

Q. I missed the time frame to file a mechanics lien in NH. Can I still file a lien against the property in a NH lawsuit?

A. Sometimes yes. The Plaintiff has the burden in some exceptions to establish probable cause to the satisfaction of the Court of his basic right to recovery and the amount thereof an in addition thereto the existence of some of the following examples. 1. There is substantial danger the property sought to be attached will be damaged, destroyed, concealed or removed from the State of NH and beyond jurisdiction. 2. In some circumstances imminent danger of transfer to a bona fide third party.

     There are other exceptions that may permit the Plaintiff to file an attachment against real property.

     Attorney Richard E. Clark can be contacted at (603)431-0009 or www.NHseacoastLawyers.com.


*The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Top Ten Things to do when Probating a New Hampshire NH Estate

Top Ten Things to do when Probating a New Hampshire NH Estate

1) Locate estate planning documents: wills, trusts, codicils, etc,
2) Follow all deadlines per NH RSA,
3) Locate all assets of the estate,
4) Locate all debts of the estate,
5) Locate contact information of all beneficiaries,
6) Locate all time sensitive issues associated with the estate, ex. storage units,
7) For real estate: get deeds, mortgages, etc.,
8) Locate all documents of assets outside the estate that may be relevant. Ex. Life insurance,
9) Get copies of the certified death certificate, and
10) Locate an appraiser for the Inventory due within 90 days after the administrators appointment date.

For more information, please contact Attorney Richard E. Clark at (603)431-0009, or www.NHseacoastLawyers.com.

Q. What has to be done if I'm probating an estate in New Hampshire and the will was created in another state?

Q. What has to be done if I'm probating an estate in New Hampshire and the will was created in another state?

A. If the will was completed in another state, the estate administrator must complete an Affidavit of Counsel as to Propriety of a Foreign Will to be Admitted into Probate. This must be properly completed and filed with the Probate Court.

    Attorney Richard E. Clark handles probating estates throughout the State of New Hampshire. Rich can be contacted at (603)431-0009 or NHseacoastLawyers.com.

Q. How do I start probating a NH Estate if I have the will of a NH resident?

Q. How do I start probating a NH Estate if I have the will of a NH resident?

A. The executor is named in the will by the decedent. This named individual will bear the responsibility and burden to administer the estate. The administrator must file a motion with the Court and be appointed. There are deadlines for filings until the estate is closed. Depending on the value of the estate, it may be beneficial to retain an attorney to assist the administrator in probating the estate.

Attorney Richard E. Clark can be contacted at (603)431-0009.

Q. Can one get in legal trouble based on NH law for negligent service of alcoholic beverages?

Q. Can one get in legal trouble based on NH law for negligent service of alcoholic beverages?

A. Yes. A defendant who negligently serves alcoholic beverages to a minor or intoxicated person is liable for resulting damages, subject to provisions of New Hampshire Law. First make sure the person you're serving is over 21 years of age. The server has the duty to request proper proof of age.

Service of alcoholic beverages to an intoxicated person is negligent if the defendant knows or if a reasonably prudent person in like circumstances would know that the individual being served is intoxicated. The server is not under a duty to recognize signs of a person's intoxication other than those normally associated with the consumption of alcoholic beverages except for intoxication resulting in whole or part from other drugs consumed on the defendant's premises with the defendant's actual or constructive knowledge.

There are several provisions, standards, and defenses associated with social host liability and negligent service of alcoholic beverages that you should seek an attorney for further assessment. To speak to Attorney Richard E. Clark, call (603) 431-0009 or visit NHseacoastLawyers.com.